H1B or EAD

if use EAD then can not extend H1, you loose H1 status, cannot bring spouse on H4 if you are getting married in future, can not work till you get renewed EAD in hand, every time you have to file EAD renewal 6 months advanceand pay the fees and Fee is going to be increased , you need AP filed and approved in US before departure from US and have to enter before expiry of AP and have to go for Secondary Inspection at POE if use AP (it takes more time at POE), then again have to file AP and always keep valid AP approved for any emergency no H1 transfer can be done after H1 holder uses EAD

with EAD you can work with any employer(it is Risk for GC if I-140 is NOT approved and I-485 Not pending more than 180 days)
 
stay on H1 as long as you can.
major advantages:

if ur 485 gets denied you can still continue working on H1 till its expiry. EAD gets denied as soon as 485 gets denied forcing you to leave immediately.

H1b saves u money and headache to renew EAD every year... etc etc
 
H1b saves u money and headache to renew EAD every year... etc etc
Click to expand...

Not true if you are in final year of H1 and would need 7th year extension.
Even in that case being on H1B status till your gc is adjudicated is the best option if you are okay with extending H1B every year like EAD.
 
Originally posted by al_paso
Not true if you are in final year of H1 and would need 7th year extension.
Even in that case being on H1B status till your gc is adjudicated is the best option if you are okay with extending H1B every year like EAD.
Click to expand...

Staying on H1B is good if you are not married and want to bring your spouse. One-year increment also comes with headache of stamping every year. This is in addition to processing of your H1 application.

Since AP takes lot of time, if not applied at proper time then renewing H1 (with Premium processing options) and getting stamping in consulate may be good options in non-medical emergencies
 
Is the following article relevant ??murthy article

what it says it is difficult to Obtain a visa stamp for the 7th year .

The article was written in 06/2001 , things may have changed since then.
 
Murthy artical is very old, things have changed and now one can get 7th year H1 Visa stamped from DOS or from Consulate
 
I have 3 years left on my H1 and my wife is also on H1 with 5 years left. So you guys are saying that staying on H1 is advisable.

Is it possible that I stay on H1 and my wife go on EAD and start using the the benifits of EAD (Like changing jobs and stuff). Does this make sense??

Also she converted from F1 to H1 and doesn't have a stamp on her passport. So I guess she using the EAD and AP would be good for her. Any inputs??

I am in the process of applying my I 140 and 485. If I apply for EAD nad AP would it mean that I would be using my EAD or AP OR do I would be only using them if I go out of the country / change jobs using EAD.

Please let me know.
Thanks all.
 
Originally posted by 4beegie

Is it possible that I stay on H1 and my wife go on EAD and start using the the benifits of EAD (Like changing jobs and stuff). Does this make sense??
Click to expand...

4beegie


Per my attorney, you can do the H1 transfer and your 485 will still be valid ( under AC21). So I will guess that your wife will also be able to keep working on the H1... and keep changing job, as long as the new employer is ready to sponser the H1... but I would still keep renewing the EAD and AP along with the valid H1 ( so that you can easily travel using H1) and you under emergency conditions ( like got layoff or your company closes down) you can quickly get the newjob using EAD ( with out worring about the H1 sponsership)...



but again check with your attorney and see what he/she says ...
 
Most of you are comparing the situations when one needs to go to 7th year extension for H1B.How would the situation be different if there are still 3 years remaining on H1B? Then is it worthwhile to go on EAD because of the freedom it gives you or safe to remain on H1B owing to the risks on EAD.

Expert comments required!!!
 
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