H1B vs EAD – for Gurus and Friends

swas

Banned
First my status - my PD EB3 is in April 2002 (India). I have EAD till Aug 2007. Also have H1B (eight year) till Feb 2007.

Now I can extend my H1b. The dilemma is my company is saying I have to pay ($750+$190) for my H1 extension and $200 for my wife’s H4.

Now I have take some decision as if I have to pay, what is the benefit of H1/H4 as I have to pay for our EAD/AP every year.

Questions

1. Does H1/H4 will come for 3 years?
2. Assuming I get the H1/H4 extension for 3 years and leave this company and invoke Ac21, can the next company extend H1/H4 further?
3. Do you see any benefit for extending H1/H4 with my money when I have EAD/AP?

Thanks
Swas
 
swas said:
First my status - my PD EB3 is in April 2002 (India). I have EAD till Aug 2007. Also have H1B (eight year) till Feb 2007.

Now I can extend my H1b. The dilemma is my company is saying I have to pay ($750+$190) for my H1 extension and $200 for my wife’s H4.

Now I have take some decision as if I have to pay, what is the benefit of H1/H4 as I have to pay for our EAD/AP every year.

Questions

1. Does H1/H4 will come for 3 years?
------------ yes becase your I-140 is approved
2. Assuming I get the H1/H4 extension for 3 years and leave this company and invoke Ac21, can the next company extend H1/H4 further?
--------------- yes the company can transfer H1 and it will be extended for 3 years and new H1 approval will be 3 years from Feb 2007. if your present employer file for H1 and H4 extension and you get 3 years extension then no need of spouse H4 extension when you join new employer with H1 transfer because your wife will be having H4 extended for 3 years
3. Do you see any benefit for extending H1/H4 with my money when I have EAD/AP?
-------------- if you are thinking of changing employer H1 status and want to use AC21 is better back up. all depends on you. no facts are provided by you when I-140 was approved and when I-485 was filed
Thanks
Swas
 
Same Issue

My company is being acquired by another company.
My h1 is valid until march 2007.
See my details below based on that.

1. I do not know whether the new company will extend my H1 or not. Is it better for me to do h1 extension or apply for EAD.?
2. Suppose I get an EAD and also extend H1 for 3 yrs. Can I do this?
3. In case 2 do I have to keep extending EAD each year since I ahve H1 extension already.
 
Ginnu

thanks a lot Ginnu. My 1-140 approved in May2005 and filed 485 in June2005.


Just one question let us say my current company extend my H1/wifesh4 and I get 3 year. Now if I use EAD (invokong Ac21) next year does not it nullify H1 or H4?
 
H1B Extension

swas said:
thanks a lot Ginnu. My 1-140 approved in May2005 and filed 485 in June2005.


Just one question let us say my current company extend my H1/wifesh4 and I get 3 year. Now if I use EAD (invokong Ac21) next year does not it nullify H1 or H4?

Your next H1B will be only for 1 year if you have applied for I-485.
In case your I-140 is approved and you are not able to file I-485 due to bull s**t retro, then you will get 3 years H1B extension. (I guess you have used your 6 yrs of H1B period)

-Dhoom
 
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