H1B / EAD Please advise me!

F

farhood

New Member
Thanks for all the efforts that make this site a valuable source for people to get informed.

My labor certification just recently got approved and I now need to file for 140, 485, AP & EAD.

The question I have is that my H1-B status expires in March 2004 and with EAD taking longer than 90 days, I was wondering if I need to renew my H1-B for another 3 years or just wait until I get the EAD.

My employer doesn't mind if I work during that gap between my H1B expiration and getting EAD. But I am concerned if I will be considered out of status during that gap,? do I need to get the Receipt Notice for 485 prior to H1B expiration, or if I just file it before H expires, I am OK?

:confused:
 
farhood,

>I was wondering if I need to renew my H1-B for another 3 years or just wait until I get the EAD.

Go ahead and apply for your 3-year H1B renewal. With EAD, you need to keep renewing it every year. With this 3-yr H1B, you don't have to worry for the next 3 years!
 
that is true bajis..but once he gets the EAD later, then the H1b is no longer valid. He has to go thru EAD, AP and all every year just like any of us. Isn't that true?

Madhav

I'd still say go ahead and renew the H1 but apply for EAD too..
 
Madhav - I believe even though one applies for an EAD, he/she can still continue to work with H1B if he/she continues to work for the same company. H1B becomes invalid when one switches jobs or uses AP for travel!

http://murthy.com/485faq.html#10

Comments anyone ...
 
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Bajis is right ..

H1-B becomes invalid if and only if one uses the EAD or AP.

I've heard a couple of things regarding the use of AP and yet maintaining a valid H1-B. It seems it is possible to use the Ap and yet still work under H1-B.

Some other knowledgibel folks in this forum may be able to elucidate further on this topic.
 
Apply fresh

I believe I read somewhere you need to apply for fresh H1 if you use AP to come back and want to go back to H1 status again. Once you use AP your current H1 is no more valid...
 
Let me explain my status...this will give some idea

When i applied for I485 i also applied for EAD and AP. But i never used EAD and AP. Forst the last 2 years i am using my H1. also i applied for 6th year extension for the H1. My EAD and AP are expired and never used it or renewed it. If i travel i will use my H1 to travel.
As long as you dont use the EAD or AP you can continue using H1 and if you use EAD or AP then you have to continue using this...you cant jump back to H1.
Since EAD & Ap are taking longer approval time also the approval time will not be sync, Its better to use and H1 and continue working on h1 for 3 years..you dont need to worry about the other two approval for three years...
If you are married and your spouse want to work then also he/she can separatly apply for EAD & AP while you continue on H1.
This is what my lawyer told me and i am folloing it...except my wife is also on h4.

cheers...
 
Thanks for all your replies. I will go ahead and renew my H1 but since I want to travel outside US, I need to also get AP & EAD. I don't have H1 visa, only maintain H1 status.
 
My lawyer told me that the EAD does not invalidate the H1 as long as you do not use it to work or to enter the country.

That is, if you don't leave the country and you are employed on H1, you can apply for EAD and it will not affect your H1 status.

This is from my lawyer. You should of course confirm with your lawyer.
 
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