H4 => H1 Vs. EAD. Experts please advise

V

Venkat

New Member
Hi All,

Here is my wife\'s situation. Recently I applied for I485 for both of us. She got an offer from an employer and preparing to send the documents required for processing H1. Before the H1 gets approved, we are expecting our receipt notices for EAD\'s.

Assuming we don\'t take the EAD, if she joins the company with the approved H1, and after sometime (3 or 4 months) taking the EAD, will there be any problem in future processing of our Green Cards? The reason for thinking to join the employer with H1 instead of EAD is it\'s trust on her for the investment they are making on the H1 and it\'s a good company.

In this situation, what do you think would be the best solution without losing the offer using H1 and should not cause any trouble in processing the GC.

Any advise is highly appreciated.

Thanks,
Venkat
 
No Title

I did not understand the "trust on her for the investment....". But working for that company using EAD saves some money to the company and at the same time you will reduce the amount of work for their HR manager in dealing with all H1 related headaches.

Having an EAD also gives your wife more flexibility. And they will not treat your wife as if they did her a favor by spending on H1. But coming back to your original question, it is okay to work on H1 for sometime and then switch to EAD. Actually, she does not have to do anything special. Get the EAD and let H1 expire. And let her HR manager know that she now has an EAD and no need of renewal of H1.
 
No Title

Hi KiranHegde2,

Thanks for your advise. I agree that EAD would be far flexible than H1 for her.

When I wrote "trust on her for the investment...", I meant on the investment part. The employer is new to this kind of H1 processing. The trust I was talking about was on the investment in H1. And we did not want them to know about our EAD\'s until now. We wanted them to process her H1.

Regarding the investment, I think we\'ll give the situation to the new employer and let them decide on it.

I will update the solution to the situation (if I get one) here, hoping it would be useful for someone in the future.

Thanks Again,
Venkat
 
No Title

I agree that one can not work on just receipt notice of EAD. But if your EAD has been approved and if you still have not got the card, you can go to work. You can show the receipt to the prospective employer and ask them to call INS and findout the status for verification purpose. One of my friend did this and she started working before getting actual card (but after approval of EAD).
 
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