H1 to EAD

S

sreddy227

Registered Users (C)
Gurus,

I hope you can help me with this question.

if one has 1 1/2 more years left on H1 and starts using EAD, can he go back to H1 and use the remaining 1 1/2 years out of the total 6yrs, in case of rejection of his 140/485 applications. Does using EAD nullifies ones H1 forever.

any inputs will be greatly appreciated.

regards,
sreddy227
 
sreddy227 said:
Gurus,

I hope you can help me with this question.

if one has 1 1/2 more years left on H1 and starts using EAD, can he go back to H1 and use the remaining 1 1/2 years out of the total 6yrs, in case of rejection of his 140/485 applications. Does using EAD nullifies ones H1 forever.

any inputs will be greatly appreciated.

regards,
sreddy227
Click to expand...
Yes, using EAD nullifies H1. Consider applying for 7th H1 year instead.
 
Thank you

stonewall said:
Yes, using EAD nullifies H1. Consider applying for 7th H1 year instead.
Click to expand...

stonewall,

Thank you for the input, appreciate your help.

regards,
sreddy227
 
sreddy227,

Yes, using EAD does nullify H1, but not for ever. Many people do what you have suggested, i.e. to save time on their H1, they use EAD. The advantage of doing this over getting 7th year extension is, that if your I-485 is denied and you are at the end of 7th year extension time, you have no option left, except to leave US. On the other hand if you use EAD, and save the 1 1/2 yrs, you can switch back to H1 if your I-140/I-485 is rejected, and file another labor in that remaining time.

So, the choice is upto you..
 
sertra2002 said:
sreddy227,

Yes, using EAD does nullify H1, but not for ever. Many people do what you have suggested, i.e. to save time on their H1, they use EAD. The advantage of doing this over getting 7th year extension is, that if your I-485 is denied and you are at the end of 7th year extension time, you have no option left, except to leave US. On the other hand if you use EAD, and save the 1 1/2 yrs, you can switch back to H1 if your I-140/I-485 is rejected, and file another labor in that remaining time.

So, the choice is upto you..
Click to expand...
I think that is not true at all. I think the six years are based on stay and not whether you used it or not. So one cannot save years on H1 if you have lived in country for that much amount of time. It needs an year break from your stay to be eligble for fresh round of H1. So thinking that switching to EAD would save H1 is wrong.
 
sertra2002 said:
sreddy227,

Yes, using EAD does nullify H1, but not for ever. Many people do what you have suggested, i.e. to save time on their H1, they use EAD. The advantage of doing this over getting 7th year extension is, that if your I-485 is denied and you are at the end of 7th year extension time, you have no option left, except to leave US. On the other hand if you use EAD, and save the 1 1/2 yrs, you can switch back to H1 if your I-140/I-485 is rejected, and file another labor in that remaining time.

So, the choice is upto you..
Click to expand...

Stiill sreddy27 should be careful: "Some H-1B professionals use EAD(and terminate H1B) on purpose to save H-1B time so that if something happens with the current employer, they be able to pick up the remaining period of the 6-year H-1B limit through another H-1B approval with the new employer. But that H1 approval would be new H1B and not transfer of H1B and hence subject to annual H1B visa." http://www.immihelp.com/gc/aos/eadap_h1.html
 
Thank you

Thank you all for your inputs, the question was for my friend, his attorney told him that he can do the way I explained in the first message. But we weren't sure and wanted to see if anyone has similar experience.

regards,
sreddy227
 
asterix

your interpretation is not correct, using an ead does nullify your h1. remember h1 is a non immigrant visa and changing to ead means u are in the adjustment of status stage and that your h1 is nullified.
 
I agree with other posters..

Asterix, I believe your interepretation is incorrect. Number of years in either L or H visa categories (H1/H4 or L1/L2) matters not if you are in other categories.

But the tricky thing here is, H1 cap, since a change back to H1 is treated as a new H1 application, subject to the quota of that particular year!

astreix said:
I think that is not true at all. I think the six years are based on stay and not whether you used it or not. So one cannot save years on H1 if you have lived in country for that much amount of time. It needs an year break from your stay to be eligble for fresh round of H1. So thinking that switching to EAD would save H1 is wrong.
Click to expand...
 
asterix,

For the purpose of calculating 6 years on H visa in US, you have to be in H status. If you switch to EAD, the clock on H 6 years time limit stops. Once you come back on H visa, the clock starts again. I am not just sugesting this as my thought, but as a fact that I know of.

sertra2002
 
sertra2002 said:
asterix,

For the purpose of calculating 6 years on H visa in US, you have to be in H status. If you switch to EAD, the clock on H 6 years time limit stops. Once you come back on H visa, the clock starts again. I am not just sugesting this as my thought, but as a fact that I know of.

sertra2002
Click to expand...

So he should be able to do this without any problems, except for the quota issues

regards,
sreddy227
 
sreddy227 said:
So he should be able to do this without any problems, except for the quota issues

regards,
sreddy227
Click to expand...

Yes.

But I will suggest only use EAD if I-140 has been approved. Because otherwise if you use EAD and I-140 gets rejected, you are out of status from that day. He will have to apply for a new H1 immidiatly.
 
Incorrect !!!!!!!!!!

sertra2002 said:
sreddy227,

Yes, using EAD does nullify H1, but not for ever. Many people do what you have suggested, i.e. to save time on their H1, they use EAD. The advantage of doing this over getting 7th year extension is, that if your I-485 is denied and you are at the end of 7th year extension time, you have no option left, except to leave US. On the other hand if you use EAD, and save the 1 1/2 yrs, you can switch back to H1 if your I-140/I-485 is rejected, and file another labor in that remaining time.

So, the choice is upto you..
Click to expand...

Sertra,

I think the last part of your statement is incorrect.... Once you are on EAD and your 1485/140 is denied you are out of status ...Period...
you have to leave the country and apply for a new visa ...

Just my thoughts as I interpreted from my lawyer

John
 
I have a doubt since long time about this H1 and EAD issue. Entered US on H1 and after some time got EAD. started working on EAD.
Is there any way for USCIS to know that you are working on EAD if you do not inform them?
Do we need to submit any documents to inform them regarding our change of status from H1 to adjustment of status?
 
john_wanderbilt said:
Sertra,

I think the last part of your statement is incorrect.... Once you are on EAD and your 1485/140 is denied you are out of status ...Period...
you have to leave the country and apply for a new visa ...

Just my thoughts as I interpreted from my lawyer

John
Click to expand...

You are right, once I-485 is rejected you are out of status, I agree. I did not say you will not be out of status, please read my post again. But after rejection of I-485 you can file an appeal, and during this time you can file for premium processing of H1, which takes < 15 days. You can then switch back to H1. Now you will still have to leave the country to get the visa stamp, but it is do able. Its just an option for thise who want to save time on H1 by switching to EAD. On the other hand if you use H1 and exhaust the 6 (or 7) years, then if 485 is rejected, you will still have to leave the country, without any way to come back on H1, since the time on H1 will be up.

The discussion here is whether using EAD and saving time on H1 is possible or not, and the answer to that is yes.
 
Last edited by a moderator:
sertra2002 said:
The discussion here is whether using EAD and saving time on H1 is possible or not, and the answer to that is yes.
Click to expand...

I would not say 'yes' confidently . I remember reading some where in Sheela Murthy's Chat says BCIS is not accepting argument of saving H1 time by using EAD.
They approving the recovery of 'lost time' only for the period candidate was not in US.

This is what happened with my friend
He applied I-485 in April 2002 and in May 2002 because of layoff he started using EAD .His I-485 was denied in 2002 December. He went back India in Jan 2002. He had nine months left on his six year plus He was claiming May 2002 to December 2002 when he applied for H1. But BCIS approved only nine month period. His attorney told him he can appeal but he did not appeal.
 
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