H1B, H4 extension, I485 and EAD

L

little_cat

Registered Users (C)
I got a question related to the above four things, H1B, H4, I485, and EAD.

My H1B (the first three years) will be expired in March, 2007. I think I still can renew mh H1B for another three years even though I have filed I485 (please correct me if I am wrong--- thank you). Can any one help me with the following questions:
1) what kind of documents do I need to prepare to renew H1B?
2) Do I still need to do LCA?
3) My husband and I have submitted I-485. He is going to apply for EAD soon. If he holds EAD, can he still renew his H4?

Thank you for your time and help!!
 
I do not think that with EAD your H1 cannot be renewed. EAD might be for the spouse/dependent only if he/she wants to work or get social security number. Also EAD can be applied for security incase you are layed off, to help you get to another employer.
I had EAD and H1 together at some point of time, till my H1 expires, EAD starts kicking into picture. The EAD gets effective only when you submit it to your employer to use this instead of H1 when the W2 form is filled.

I think you should be able to renew your H1 as long as you have not shifted to EAD status and still are working based on your H1 status.
Assuming your husband is on H4 status, you can file its extension and also file EAD. Using EAD he can then file for even SSN. As long as he does not start working, he would be still on H4 status even though you have an EAD on hand. The EAD becomes effective only when you start working based on that document (EAD), and then henceforth you loose your H1 or H4 status.
 
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These statements are quite imprecise and therefore can be misunderstood.
1) an approved EAD does not mean that one adjusted status; only an approved I-485 means that status has been adjusted
2) Merely having an EAD does not terminate H-1B status. If you use the EAD for employment (I-9 form) then that terminates the H-1B.

creative10 said:
If you have an approved EAD, you have adjusted status and are no longer eligible to extend your H1
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