Hi1-b -ead

J

jeans

Registered Users (C)
Guys ,

Have a question .

A person working in comapny "A" , got his EAD appoved as a process in Green card filed by company "A".
However the person is on H1-B filed initially by Company "A" when he joined the company.

Now the question is " if the person shifts to his EAD ( means if his payroll , W-2 is run on his EAD ) and work for some time and for some reason if he wants to discontinue his EAD , then can he shift back to his H1-B ?

The question more clearly is : Is a person's H1-B valid ,if his w2 is already on EAD , that is can he still shift back to H1-B if some things happens to his green card processing or EAD expires etc ?

Jeans
 
The person would have to file a new H1 petition, and once that is approved, he/she can move back to H status.

Note that one requires a valid EAD or an approved H1 to work. If there is a chance of EAD refusal/GC denial, it is best to apply for H1 well in advance and get it approved ***BEFORE*** the GC denial/EAD expiry.

-ab
 
Once you shift from H1 to EAD, your current H1 become invalid. To shift back from EAD to H1, you need a fresh H1 approved or a reciept.
 
Yes - the old H1 is invalid. As I said in my earlier post, a "new H1 petition" would be required. Once the new H1 is approved, u can start working on it and stop working on EAD.
 
In the above case, would a H1 approval be reqd or a proof of filing H1 before EAD expiry be sufficient ? Was curious to know as I am in a similar situation.
 
Using EAD or not using: Any difference?

If a person is on H1b, which is valid for 3 more years. If he gets an EAD (1 year valid), but never used it. His H1b is still valid or not? Is it that "his H1b became invalid when the EAD was issued" OR "H1b will become invalid when he will use the EAD first time"?
 
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