H1B / EAD related issue

[Hemang]

Hi,

I an interested in getting information about H1B and EAD in the scenario explained below,

My Six years of H1B is expiring in March 2003 and have applied for I485 in Novemebr 18, 2002.

I will be getting my EAD shortly. Even after getting my EAD is it required/advisable for me to extend my H1B visa?

I also have another question relating to my friends EAD renewal. How early can he send my EAD for renewal considering that EAD these days takes 2-3 months. Is there any specified rule regarding EAD renewal?

Will one be termed as 'out of status' if EAD renewal doesn't reach before the expiration date. I know we are not allowed to take salary for the period when we don't have renewed EAD. Because of this if we miss any paycheck, will this create problems if we get any RFP for salary slip? If one has an understanding with the company not to take salary till one gets EAD renewed, is it possible to take bulk salary for those months and not be termed 'out of status' once EAD is renewed.
Hope I have not confused anyone.

TIA,

 

[jaxen]

1.How important is, Going for H1 renewal depends on many factors including: do U have job security, does 485 has RFE possibilities, Is US economy (pertinent to your business) bad etc..
however after 6 years it does not make any difference, since 7th yr extensions do not hold water if underlying LC and 140s are made void after 485 rejection. EAD is cheaper and if applied by yourself, gives you control your GC process

2. Add 30 days to the current processing times of the relevant service center. Remember, some of the 485s are transferred to local INS center and so during the transfer time (typically 2 months) the EAD application will be shunted around. I would rather risk spending 120+ bucks more than take the risk of not able to get salary even for a few days. 4 months as of Dec 15, 2002.

3.EAD does not represent status. It is Employment authorization. You cannot be employed without a valid employment authorization. The "bulking" up should be in line with the salary stated in the contract/ offer letter. If the INS IIO gets psyched about you and employer stooping to do salary adjustment just to adjust for EAD validity period, he/she might think that there is intent to cheat INS.