H1B vs EAD after 6 years of H1

[gcnation11]

I am sure, this has been discussed before. And everybody has got different opinions to stay on H1 and EAD...!!!!

When a person is in 7 th year extension after getting EAD, would it be helpful to be on H1. We all talk H1 will work as a back up and we can be in status even if our 485 is denied. But there is an another opinion, as your 7 th year extension is based on your GC application, and when that is denied, your H1 is not valid. If that is the scenario, H1 is not really a back up. Is that true? In that case it really waste of money and time we are putting on H1. Attorneys always say it works as a back up, but when we specifically asks them, they won't give specific answer. They just say, its always good to have on H1. I know, lot of us (incl me) have that opinion, but don't know the exact answer.

If the H1 works as a backup in this case, then this woukd give a very good answer to the people who applied for H1 (7 th year) based on their I-140. Most People say, the 7 th year extension (filed based on 140) is invalid, when your 140 is denied.

I am not discussing about the cases, like applying H1 with different company LC/gc application. Its straight forward, your H1 is applied based on your GC application, on which 485 has been filed.

Please post your comments and experiences. I am sure many people are in that category, and would like to know the answeres.

I know this is a very old and every day discussion, but it is interesting to isolate the things and discuss. We may have a conclusion.

OR do you say, this is the one gray area of many we have in USCIS law

 

[hens4rth]

gcnation11,

The H1 backup concept is true for people whose H1 is still valid. For example, a friend of mine still has 2 more years left on his H1 so it is a good idea to keep his H1 status and not use EAD although I would argue if you have better oppurtunities which you can take using EAD.

Good Luck,
hens4rth

I am sure, this has been discussed before. And everybody has got different opinions to stay on H1 and EAD...!!!!

When a person is in 7 th year extension after getting EAD, would it be helpful to be on H1. We all talk H1 will work as a back up and we can be in status even if our 485 is denied. But there is an another opinion, as your 7 th year extension is based on your GC application, and when that is denied, your H1 is not valid.

 

[gcnation11]

hens4rth,
I totally agree with you about the people who have H1 period under 6 years. But attorney's are suggesting to have 7 th, 8 th yr extensions, eventhough the person has EAD. Is that really helps as a back up or its waste of money?

 

[addagarla]

In my opinion, it helps. because you dont have to leave the country immediately if your 485 is denied as you will be out of status . Techinically, you can continue working until your H1 extension expires. It doesn't matter if H1B extension is based on pending I-485.

 

[vijaym2]

H1 Vs EAD

One advantage with H1 over EAD is, H1's reciept is valid for 180 days or so, even if petition is not approved which is not the case with EAD reciept.

 

[Jaggy]

In a case where I140 has been approved and I485 is pending and ur from a retrogressed country then H1B would be an excellent backup as you get 3 yrs of H1B extension instead of one year although I am not absolutely sure if you indeed get a 3 year extension if you are from a retrogressed country. Anyone having more knowledge on this pls do comment.

Bcos if you can get a 3 yr H1B extension and in case something goes wrong with I485 then you can file for labor, I140 etc & you have a lot of time to remain in the country. I highly doubt that CIS would come back and say that since we gave u 3 yr extension based on your I485 pending & now since your I485 is denied your H1 is also invalid. I think H1B and I485 application are two totally different things although I may be wrong on this..

Experts or people in same situation pls share your thoughts