I-485,Jan RD,Renewal H1B

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MPSANKAR

Registered Users (C)
Dear Friends

This is my first Chat message I have a Problem.I am a Jan 02 filler.Rd 01-15-02 and Nd 01-22-02 Second time EAD Renewal.My H1 is Valid Still June 2 03.EAD is valid still )3-04-04.My lawer advising me to renew my H1b since my H1 b is expiring 06-03-03 and suppose If something goes wrong on my I-485 then I will be out of Status.
Could any one advise me in this regards.

Appriciated your expert opinion.

Thanks
 
Appriciated your expert opinion.

My opinion on this : Change to EAD, because even if you have a problem on ur GC case (Which I don't think), you are still left out with the remaining period of H1. As long asyou don't renew your H1, it is equivalent not using your 6 years on H1.
 
H1 B Renewal while I485 is in Process

Dear

I am confused with your reply.Meanings if we are not in H1b while in adjustment of Status,Our H1b will count agian 6yrs?
 
I am not sure what you are asking for..

It seems you are using your EAD to work and is valid for one more year and your H1-B is expiring in three months. If you are really worrying about your Greencard process (which I don't think a problem at all), it is better to renew your H1-B.

In worst case scenario, If there is no valid H1-B and Greencard denial, then you will be out of status. It is better to renew your H1-B if you really worrying about your Greencard process and you can switch over from your EAD to H1-B at any time and as many times as you wish. But the remaining validity of the H1-B depends up on how many years you are here in US on work visa (including your EAD time). For example.. you worked on H1-B Visa for 3 years and on your EAD for one and half years, then you will be having one half year on your H1-B.

Hope this clarifies your doubt.
 
Again Clarification

I did n't change to EAD status as for as working is concern.I just applied for EAD but still Iam continuing in H1 B status.Should I need to inform any one or my employer about changing from H1 b to EAD status after my Expiry of H1 b?
CAn I apply H1b renewal even after 3 months of expiry time or I should immeduialty apply for renewal of H1b before it expires?
 
MPSANKAR

The rule of thumb is -

Once you start working on EAD, you CAN NOT go back to your old H1B.


Till now, you've maintained your H1B status. If you want to continue working on H1B, you have to re-apply for H1B extension BEFORE (say 3 months prior to) your H1B expiry date - so that you can get H1B extention in time and you can continue working on H1B.

If you do not apply for H1B extention on time, and H1B expires before you get the extention approved, you can continue working on EAD (without being out-of-status)- but you've to inform your employer to use EAD - and at that moment your H1B status becomes invalid. So when you get your H1B extention, it's of no use - you can not use it. Just make sure that you file for EAD renewals on time.

So it's completely upto you to choose whether to work on H1B or EAD.

Hope this helps!

p.s. vijguy, with all due respect, I totally disagree with your thoughts of sitching between H1B and EAD as many times as you wish! Once you're on EAD, you can not go back to your old H1b. If you want to go back to H1B, a new H1B petition has to be filed by your employer (not H1B transfer/extention).
 
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I am positive that we can switch back to H1-B

Sorry Vidongre to contradict your statement. I read somewhere in a lawyer website that you could switch between EAD and H1-B. There is a clear cut explanation about this process, but I couldn't find the link. However, there is a similar topic posted in chat with Lorenzo. Here is abstract:

Question submitted by ShyamW:
If 485 is rejected for some reason how long can you stay in US after rejection? Till your EAD is valid? If your H1 is valid can you switch back to H1?

Answer from Lorenzo_Lleras:
If you do not have a valid underlying status, you have to leave. As a matter of fact, a denial would probably be accompanied by a letter letting you know that either you leave or they are going to place you in deportation proceedings. Now, assuming your underlying H-1B is still valid, you could stay with that. However, that would also depend on the circumstances because I can see some situations where the reason for the denial of the I-485 could also be problematic for your H-1B. So there is no general exact answer. However, what you have postulated in regards to the H-1B is "possible." What you have postulated about the EAD is just wrong.

If you need the link.. here it is...
http://www.usvisanews.com/chatlog080102.html
 
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