H1 or EAD? - Experts please respond.

W

WindsorResident

Registered Users (C)
I filed for I-485 for myself and family in Dec. 2002. My husband has just started the Greencard processing at his company as well and is that is in the labor stage for more than a year now. Meanwhile, he will soon reach his six year H-1 limit now. Our question is whether it will be beneficial for him to apply for a 7th year H-1 extension or should he switch to EAD. I'm assuming that if he switches to EAD, he cannot ever switch back to H-1. The main benefit that we see in his continuing on H-1 is: say, I loose my job then he can continue to work on H-1 and subsequently file for 485 for us. Can someone verify if my understanding of the advantage of H-1 is correct?

Thanks in advance.
 
Dear WindsorResident

switches to EAD??? How .. I think he has to get his labor certificate first and his company has to file I140 and I485 then he can apply for EAD. After that you can switch to EAD. This might take some time.

Can someone verify if my understanding of the advantage of H-1 is correct?

H-1 is good if you are in Windsor and cross the border everyday because you don't need Advance parole but if you use EAD traveling is not a good choice.





Regards,

This is only my opinion
 
WindsorResident,
Ur understanding of the advantage of H1 is correct.

Even after using EAD u can apply for a H1. But, if ur old H1 had expired then the H1 u r applying would be considered as a new H1 and not a renewal.
So, in case u lose ur EAD status and ur old H1 had also expired - u would have to wait for the new H1 to get approved before u start working.
So, it is advantageous to maintain ur valid H1 status.
 
I'll try re-phrasing my question:
If my husband switches to EAD (through my 485 application) once he reaches the 6 year limit, is he eligible to apply for I-140 and subsequently 485 through his company? Or it is better for him to apply for a 7th year extension (since his labor is being processed for more than a year).

Also we came across in previous discussions that we cannot switch from EAD to H1 unless we stay outside U.S. for a year. Is this true?

Experts (Ghee? )please respond as we need to make a decision soon.

wwosen:
I just wanted to clarify couple of things:
1. We have EAD and AP that we got through my 485 application.
2. I'm not a Windsor resident anylonger.
 
Your husband is trying to get GC thru his company and that is based on the fact that he has his valid H1. The moment he uses EAD that he got thru ur 485 application he ceases to be on H1 and thus cannot continue his GC thru his current company.

You need to be on H1 to continue your GC as a primary applicant until you can use AC21. If his labor is pending for than a year he can get his 7th year H1.
 
WindsorResident

WindsorResident

Sorry for the confusion I thought it was only your husband that starts a process. I say apply for the 7th year extension since he has EAD through your pending case he can switch from H1 to EAD at anytime. Who knows your application might be processed before he used all H1 years. In the mean time he will also get his I140 and I485 filed since he is close to get his labor certificate that way you guys have two chances.


This is only my opinion based on what I know about EAD and H1 I am not expert on this one I might be wrong.

Please advice...

Regards,
 
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