H1 vs EAD

S

simaha

Registered Users (C)
I have a valid h1 till May'2005 and EAD till dec'04. If I start using my EAD and somehow USCIS denies my I140/I485 before my H1 expires. Can I be able to go back to H1 or do I have to file a new H1.

Thanks,
 
Your H1 will be in dormant state but valid. But for you to make it active - you will have to go back to your home country and get it stamped again.

Practical side is that if your immigration petition is denied - it is very tough to get it stamped.
 
Originally posted by Jharkhandi
Your H1 will be in dormant state but valid. But for you to make it active - you will have to go back to your home country and get it stamped again.

Practical side is that if your immigration petition is denied - it is very tough to get it stamped.
Click to expand...

I don't think the first statement is entirely true. One cannot "freeze" a status only to use it later. Once a person uses EAD he automatically gives up H1 status and he will be subject to H1 quotas (juke like any other new H1 applicant) if he/she wishes to return to H1 status. There is no "going back" to H1 once EAD is used.
 
Originally posted by nkm-oct23
I don't think the first statement is entirely true. One cannot "freeze" a status only to use it later. Once a person uses EAD he automatically gives up H1 status and he will be subject to H1 quotas (juke like any other new H1 applicant) if he/she wishes to return to H1 status. There is no "going back" to H1 once EAD is used.
Click to expand...

Polity please.

Refer to:
http://www.immigrationportal.com/showthread.php?threadid=117114

You may also like to check on www.murthy.com. There is a chat question on the same(I saw it long time back - you may like to check it again.).
 
You must log in or register to reply here.
Top