H1B or EAD?

Y

yf02

New Member
Hello All,

My I-485 was filed in last September. At same time filing I-485, I applied EAD for myself and for my husband. Both EAD cards will be expired in 4 months. We are considering EAD renewal now. My husband plan to use current EAD to start his new job, not apply for H1B transfer.

I am looking at the worst case scenario:
(1) If INS deny my I-485, can my husband apply for a new H1B from his new company at that time? Should he use H1B transfer to start his new job instead of use EAD?
(2) If I am laid off before I-485 is approved and can’t find a similar job, what’s my choice at that time? Will I be out of status?

Any advice would be greatly appreciated.
 
answers...

If INS gives an intent to deny notice, your husband can do a h1 provided 6yr period has not expired (including the period on EAD). It all depends on the grounds for denial.

If you are laid off and you cannot find a job does not mean that you are out of status. However just before approving INS might want to check your employment status and might generate a RFE. If you do not have a job at that time your 485 will be denied and you will become out of status.

H1 or EAD is matter of personal choice based on individual circumstances and resilience to risk. Every individual's perception about crisis is different. I would not mind using EAD to work and take control of my employment status at this juncture instead of relying on some shyster...
 
answers...

If INS gives an intent to deny notice, your husband can do a h1 provided 6yr period has not expired (including the period on EAD). It all depends on the grounds for denial. If you are laid off and you cannot find a job does not mean that you are out of status. However just before approving INS might want to check your employment status and might generate a RFE. If you do not have a job at that time your 485 will be denied and you will become out of status. H1 or EAD is matter of personal choice based on individual circumstances and resilience to risk. Every individual\'s perception about crisis is different. I would not mind using EAD to work and take control of my employment status at this juncture instead of relying on some shyster...
 
Thanks a lot, Jaxen

Hi Jaxen,

Thank you for your response. Hope everything goes smoothly in the future.
 
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