I485 receipts recvd; H1, H4=>EAD??? Questions...myladoor, guru\'s

V

Venkat

New Member
Hello friends,

Here are my details.
Category: EB2
Country: India
SC: Vermont
PD: OCT, 06 1999
I485 RD: NOV, 29 2000
I485 ND: DEC, 14 2000
EAC: 01-058-XXXXX

Myladoor, could you please update my information.Thanks.

I received the receipts and planning to get our (me and my wife) EAD\'s. I have few questions before taking EAD\'s. I have my 2nd H1 valid until Oct 2002 and around 1 year from there for a total of six year stay.

My wife has an offer and she is just waiting for the EAD to join. It is a must for her to get the EAD/AP.

I was wondering whether I should also get my EAD/AP since I will be with this company as long as I get my GC. My questions are

1. Would it be any different if I invite my parents on tourist visa, if I am on EAD instead of H1. I am plannng to bring them for summer \'01. Anyone had any experience in this situation?

2. Since I am on H1, I may not have to worry too much travelling instead of AP/EAD. Is this a good reason for NOT taking the EAD?

3. If I am on H1 and my wife is on EAD, if we travel together on different status, Is this situation of any concern?

I appreciate your thoughts.

Thank you,
James Bond
 
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Check the answers numbered corresponding to the questions...

1. You being on H1 or EAD has absolutely no impact on your parents getting tourist visa. I have done it both ways.

2. Just by getting the EAD card does not nullify your H1 as long as you have a valid H1 (and maintain the passport stamping to re-enter) and do not take up another job. Please note that you do not need to get your passport stamped if you are not leaving the country.

You may posses the EAD card but still maintain your H1 status. This is useful only in case of i-485 rejections (which is extremely rare unless you were out of status some time during your stay in the US). Having EAD helps in case you have to switch job in an emergency without having to go through another H1 application and approval.

3. You can certainly re-enter US with H1 accompanied by your wife on EAD and Adv. Parole.

I would strongly recommend to get EAD for both you and your wife. And continue to maintain your H1 status for the whole of 6 year period. After that it does not make any difference whether you extend your H1 (as per S2045) or work on EAD because at that point in time you cannot stay any longer in case of i-485 rejection.

Hope this helps.
 
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Hi taka-digi,

Thanks for the information. It clarified my thoughts on the situation and is encouraging me to go for EAD/AP.

I wish you "good luck" in your GC process.

Thanks again,
James Bond
 
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