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I use EAD, can I apply for H1 again?
- Thread starter Tines
- Start date
If you have used EAD, your H-1 status becomes invalid. You will be in AOS status. You can apply for new H1. If H1 is approved, you still in AOS status, not on H1 status. To be on H1 status, you have to leave the country and at POE, you have to show your H1, instead of AP. If they stamp on I-94, "admitted on H1, instead of admitted as parolee", you will be back again on H1 status.
Last edited by a moderator:
TheRealCanadian
Volunteer Moderator
Originally posted by aks999
what will happen to the adjustment of status application. I heard, if one leaves US without AP during the 485 stage, I think it is considered as abandoning your 485 application. Please clarify...
No, so long as you have a valid H1, you can re-enter and continue with the AOS. I've never used AP.
TheRealCanadian
Volunteer Moderator
Re: I will not leave US before my 485 approval
Well, you're not applying for the H-1, your company is. The H-1 petition will probably be granted, but you won't get switched to H-1 status automatically. You'll need to leave the US, get a passport visa stamp in your home country and re-enter.
Originally posted by Tines
So guys can I still apply and get H-1? Note I use EAD currently.
Well, you're not applying for the H-1, your company is. The H-1 petition will probably be granted, but you won't get switched to H-1 status automatically. You'll need to leave the US, get a passport visa stamp in your home country and re-enter.
The Real Canadian:
thank you so much for your imputs. Well, I don't want to change back to H-1 status, I want to be in status of adjustment while I hold H-1. I will not leave the country until my 485 is approved.
I just don't want to spend $120 or more each year for the EAD renewal. That money is a lot for me.
Do you know of any rules about that, or have you been aware of anybody who is in the same situation?
Your comments would be greatly appreciated.
thank you so much for your imputs. Well, I don't want to change back to H-1 status, I want to be in status of adjustment while I hold H-1. I will not leave the country until my 485 is approved.
I just don't want to spend $120 or more each year for the EAD renewal. That money is a lot for me.
Do you know of any rules about that, or have you been aware of anybody who is in the same situation?
Your comments would be greatly appreciated.
TheRealCanadian
Volunteer Moderator
Re: The Real Canadian:
If you don't want to renew your EAD every year, then you need to be in H-1 status. That means going home and re-entering. Don't worry, your AOS will still proceed forward.
As I mentioned, I have never used AP and am in H-1 status. My problem is that the H expires later this year. I still have 1.5 years or so of total H time left, but I doubt my employer would want to renew the H, so off to renew my EAD I go.
Originally posted by Tines
thank you so much for your imputs. Well, I don't want to change back to H-1 status, I want to be in status of adjustment while I hold H-1. .... I just don't want to spend $120 or more each year for the EAD renewal. That money is a lot for me.
If you don't want to renew your EAD every year, then you need to be in H-1 status. That means going home and re-entering. Don't worry, your AOS will still proceed forward.
As I mentioned, I have never used AP and am in H-1 status. My problem is that the H expires later this year. I still have 1.5 years or so of total H time left, but I doubt my employer would want to renew the H, so off to renew my EAD I go.
Hi All,
I applied for EAD for myself and my wife. I will continue on my h1 for another 15 months. But my wife will use EAD once it is approved. After using EAD will she loose her H4 status. Will she need AP to get in and out of US. Because of her status change will I also need AP for travel. Please post your inputs....
I applied for EAD for myself and my wife. I will continue on my h1 for another 15 months. But my wife will use EAD once it is approved. After using EAD will she loose her H4 status. Will she need AP to get in and out of US. Because of her status change will I also need AP for travel. Please post your inputs....
TheRealCanadian
Volunteer Moderator
Originally posted by aks999
But my wife will use EAD once it is approved. After using EAD will she loose her H4 status. Will she need AP to get in and out of US.
Yes, she will need AP, since working will invalidate her H-4.
Because of her status change will I also need AP for travel. Please post your inputs....
No, why would it? Is your H-1 dependent on her h-4?