I-140/485; Ead/ap

[ajneha]

Hi,

I will be filing for my I-140/485 applications concurrently in the coming days and wanted to find out more on the advantages/disadvantages of filing EAD/AP as well, concurrently.

My husband and I are currently on H-1B (pending visa stamping). My H visa will be entering into it's 6th year end-2007.

1. Would it be advantageous to apply for EAD/AP for both my husband and I, while our H-1Bs' are still active?
2. Is it true that even with an approved EAD/AP, nothing changes UNTIL one uses it to seek new employment or travel outside of the U.S.?
3. Although very unlikely, can I change a job on H-1B transfer while EAD/AP is pending? What if my EAD/AP was to be approved - can I still change on H-1B transfer? What status would I be in then?

All thoughts will be appreciated. Thanks in advance!

 

[caliducas]

Hi,

I will be filing for my I-140/485 applications concurrently in the coming days and wanted to find out more on the advantages/disadvantages of filing EAD/AP as well, concurrently.

My husband and I are currently on H-1B (pending visa stamping). My H visa will be entering into it's 6th year end-2007.

1. Would it be advantageous to apply for EAD/AP for both my husband and I, while our H-1Bs' are still active?
2. Is it true that even with an approved EAD/AP, nothing changes UNTIL one uses it to seek new employment or travel outside of the U.S.?
3. Although very unlikely, can I change a job on H-1B transfer while EAD/AP is pending? What if my EAD/AP was to be approved - can I still change on H-1B transfer? What status would I be in then?

All thoughts will be appreciated. Thanks in advance!

Hi there!

I'll try to answer as much as I can/know. I will suggest you to consult an attorney that you trust or you work with about this. This is what I know from my attorney:

1. When you apply for your I-140/I-485, also apply for your I-765 (EAD) and I-131 (travel permit) simultaneously. The EAD will get you out of your H1B, and would be a good idea to do because your 6 year period ends at the end of this year.

2. Not sure if I understand this question, but once you have your EAD and travel permit, you can only work in the US for any employer you want. It's recommended that you stay with your current employer for at least 6 months before changing employers. And with the I-131, you can travel out of the US many times since you'll have multiple entries to the US. This has to be renew every year, but its cheaper and more secure than applying for H1B renewal, and more if your 6 year period expires soon.

3. Once your EAD is approved, your H1B is no longer valid (please anybody correct me if I'm wrong since I'm no expert). If your EAD is pending, I wouldn't recommend changing employers.

I hope this helps. Once again, please consult an attorney about your questions. This is very sensitive information.

 

[prezcalvin]

Yes, you can apply for your EAD/AP while your H1-B is still active. The advantages of them are numerous and the previous poster has stated them.

However, keep in mind that EAD has nothing to do with switching jobs. That is something called AC-21, and you can switch jobs using that only after 180 days has passed since your 485 filing AND the job is of a similar nature to the job for which your labor was filed. With EAD you can get another part time job if you like, but your primary employment must still be with the company you filed with.

On the other hand, if you are going to go as a DEPENDENT on your husband's 485 or vice versa, then the dependent person can work anywhere with the EAD since only the primary is tied down to the original job (till 6 months have passed at least).

 

[caliducas]

Yes, you can apply for your EAD/AP while your H1-B is still active. The advantages of them are numerous and the previous poster has stated them.

However, keep in mind that EAD has nothing to do with switching jobs. That is something called AC-21, and you can switch jobs using that only after 180 days has passed since your 485 filing AND the job is of a similar nature to the job for which your labor was filed. With EAD you can get another part time job if you like, but your primary employment must still be with the company you filed with.

On the other hand, if you are going to go as a DEPENDENT on your husband's 485 or vice versa, then the dependent person can work anywhere with the EAD since only the primary is tied down to the original job (till 6 months have passed at least).

Thanks for the clarification prezcalvin. I didn't know about the AC-21. Good to know. I'm a bilingual teacher right now, and I'm seriously thinking about going into the Information Technology field. So I'll have to apply for the AC-21. I'm applying next week for the I-485, I-765, and I-131 on July 1st/2nd.

Best of luck!

 

[prezcalvin]

Thanks for the clarification prezcalvin. I didn't know about the AC-21. Good to know. I'm a bilingual teacher right now, and I'm seriously thinking about going into the Information Technology field. So I'll have to apply for the AC-21. I'm applying next week for the I-485, I-765, and I-131 on July 1st/2nd.

Best of luck!

Hi caliducas,

If you're a language teacher right now, you won't be able to go into an IT job using AC-21. AC-21 only allows job switching to a *similar* role as your current job. You may have to wait till your GC comes through to do this switch, or wait till the EAD comes through and do a part time IT job while still keeping your full time teaching job till the GC (i.e. 485) comes through.

P.S. There's an AC-21 thread on this board. You can find more details there.

 

[caliducas]

Hi caliducas,

If you're a language teacher right now, you won't be able to go into an IT job using AC-21. AC-21 only allows job switching to a *similar* role as your current job. You may have to wait till your GC comes through to do this switch, or wait till the EAD comes through and do a part time IT job while still keeping your full time teaching job till the GC (i.e. 485) comes through.

P.S. There's an AC-21 thread on this board. You can find more details there.

Oh! I didn't know that either. Well, in one hand that's bad news, but on the other hand it's still good that we are in the process.

Thanks for your feedback, and I will certainly take a look at the AC-21 threads.

You were of great help!!!

 

[caliducas]

Hi caliducas,

If you're a language teacher right now, you won't be able to go into an IT job using AC-21. AC-21 only allows job switching to a *similar* role as your current job. You may have to wait till your GC comes through to do this switch, or wait till the EAD comes through and do a part time IT job while still keeping your full time teaching job till the GC (i.e. 485) comes through.

P.S. There's an AC-21 thread on this board. You can find more details there.

Oh! I didn't know that either. Well, in one hand that's bad news, but on the other hand it's still good that we are in the process.

Thanks for your feedback, and I will certainly take a look at the AC-21 threads.

You were of great help!!! Thanks!

 

[caliducas]

Hi caliducas,

If you're a language teacher right now, you won't be able to go into an IT job using AC-21. AC-21 only allows job switching to a *similar* role as your current job. You may have to wait till your GC comes through to do this switch, or wait till the EAD comes through and do a part time IT job while still keeping your full time teaching job till the GC (i.e. 485) comes through.

P.S. There's an AC-21 thread on this board. You can find more details there.

Oh! I didn't know that either. Well, in one hand that's bad news, but on the other hand it's still good that we are in the process.

Thanks for your feedback, and I will certainly take a look at the AC-21 threads.

You were of great help!!! Thanks!

 

[WellWisher007]

Correction:
Obtaining an EAD does not automatically cancel your H1B visa. H1B visa will not be nullified unless you present or use EAD document for a job (part-time or full-time); If your H1B is expiring, you have an option of either extending your H1B or using your EAD. Also, EAD could be used for part-time jobs which will then nullify your H1B visa even for your primary job. If you switch employers, if you have your EAD, the employer will not require to sponsor your H1B transfer.

Hi there!

I'll try to answer as much as I can/know. I will suggest you to consult an attorney that you trust or you work with about this. This is what I know from my attorney:

1. When you apply for your I-140/I-485, also apply for your I-765 (EAD) and I-131 (travel permit) simultaneously. The EAD will get you out of your H1B, and would be a good idea to do because your 6 year period ends at the end of this year.

2. Not sure if I understand this question, but once you have your EAD and travel permit, you can only work in the US for any employer you want. It's recommended that you stay with your current employer for at least 6 months before changing employers. And with the I-131, you can travel out of the US many times since you'll have multiple entries to the US. This has to be renew every year, but its cheaper and more secure than applying for H1B renewal, and more if your 6 year period expires soon.

3. Once your EAD is approved, your H1B is no longer valid (please anybody correct me if I'm wrong since I'm no expert). If your EAD is pending, I wouldn't recommend changing employers.

I hope this helps. Once again, please consult an attorney about your questions. This is very sensitive information.