I need a good advise on this situation....

[darisma]

My I-485 is pending, EB-3 Category. The calendar now is like 2002 and likely it is not going to be 2007 anytime soon since my priority date is in 2007.

My H1B is going to expired in nov, I know that you can apply for a new job after 180 days of submitting I-485.

Questions are....

1. Is it better to continue applying for H1B or just use EAD?
2. For EAD we need to apply for it every year? Is the process easy enough to do it yourself?
3. With pending I-485 if you work on EAD with a new employer. Will you still be able to get a greencard?
4. With EAD we have to request AP everytime we want to go outside USA?
5. Do I need to inform a new employer that I will use EAD to work? Do new Employer need to do anything if EAD expiration date arrives ?

Thanks!

 

[manwithnoname]

Answers below:
1. Both are legal ways however, H-1B is a safer option, just in case, your I-485 application encounters some issues.
2. Yes at the moment EAD should be renewed annually. The EAD application is easy enough as per this link.
3. Yes you still can provided the employer who sponsored for I-485 still intends to hire you (on your GC approval).
4. EAD is for working privilege (if no other work visa is available) based on your I-485 filing; whereas AP is travel document. Please note both are independent of each other. Both require an annual renewal.
4. You have to check this with the employer's Human Resource department - probably this information is a part of form I-9.

 

[immi_mygc]

My I-485 is pending, EB-3 Category. The calendar now is like 2002 and likely it is not going to be 2007 anytime soon since my priority date is in 2007.

My H1B is going to expired in nov, I know that you can apply for a new job after 180 days of submitting I-485.

Questions are....

1. Is it better to continue applying for H1B or just use EAD?
2. For EAD we need to apply for it every year? Is the process easy enough to do it yourself?
3. With pending I-485 if you work on EAD with a new employer. Will you still be able to get a greencard?
4. With EAD we have to request AP everytime we want to go outside USA?
5. Do I need to inform a new employer that I will use EAD to work? Do new Employer need to do anything if EAD expiration date arrives ?

Thanks!

As per my lawyer if you have already completed 6 years on H1, then there is no benefit renewing or transfering H1 when you can use EAD + I140 is approved + 180 days completed. Check with your lawyer.

 

[gcaa]

Answers below:
1. Both are legal ways however, H-1B is a safer option, just in case, your I-485 application encounters some issues.
2. Yes at the moment EAD should be renewed annually. The EAD application is easy enough as per this link.
3. Yes you still can provided the employer who sponsored for I-485 still intends to hire you (on your GC approval).
4. EAD is for working privilege (if no other work visa is available) based on your I-485 filing; whereas AP is travel document. Please note both are independent of each other. Both require an annual renewal.
4. You have to check this with the employer's Human Resource department - probably this information is a part of form I-9.

I have always had this question and still am not sure if i have the answer. Heard a lot of people saying that h-1b extension is safe in case something happens to i-485. But if the i-485 is rejected due to some reason, wouldnt that same reason also be applicable to the extended h-1b which would have been extended due to the pending gc application.
I think we need to have a concrete answer to this so people can take the correct decision.

 

[darisma]

My H1B is only about to reach 3 years. But I am just thinking.........
Ok what if I don't want to stay for this job for another 3 years. Why extend H1B? EAD would be ok if I want to continue to work for my current employer right? And also you can use it to work with your new employer???

Also VISA calendar is not going to be current for a long long time. So even if you extend H1B for another 3 years and it is still not current then what? EAD in the end right?

My question really is, if you use EAD instead of H1B. If you get a new job with a new employer. Your pending 485 is still valid if you work in the same industry and same type of job right?

I heard that you might get an interview if you switch job. But if you swtich job, do you need to inform USCIS? People told me that if you stay at the current job, they will not even ask you for an interview but just grant you a GC. If we do not inform USCIS then how would they know????

 

[manwithnoname]

I have always had this question and still am not sure if i have the answer. Heard a lot of people saying that h-1b extension is safe in case something happens to i-485. But if the i-485 is rejected due to some reason, wouldn't that same reason also be applicable to the extended h-1b which would have been extended due to the pending gc application.
I think we need to have a concrete answer to this so people can take the correct decision.

Agreed ... once the I-485 is denied no further H-1B extension will be granted. However there are cases when an applicant filed for I-485 with about 2 years (or more) of H-1B is remaining. In this case the applicant get sufficient time to start another GC process.