Implications in switching from H1 to EAD

I

indian25

Registered Users (C)
I'm expecting my EAD within a week or so. I've used only 6 months of my H1 and was on F1 status from last 4 years(worked for 2 years on CPT and OPT). Is it advisable to switch from H1 to EAD and save my 5 years on H1 which I can use if something goes wrong with my I-140 processing??
Also, how difficult it is to again switch from EAD to H1??

Thanks in advance!!!!
 
You will not save the H1 time. To restart the H1 clock you need to stay out side US at least for a year.
It is better to stay on H1. Since you have spent just six months on H1.There are some advantages like you need not have to wait for EAD every year. Need not wait for Advance parole to travel outside US. If you are unmarried and would like to get married you can bring you wife immediately.

Most of the people advice you to stay on H1 rather then using EAD
To switch from EAD to H1 you need to go out of country and should come back with new stamping.
 
Last edited by a moderator:
read on...

most of what tammy2 says is correct ( in my view) except that H1 clocks even if you are on EAD. If someone has 5 years of h1 left ( i.e. came on H1 only a year back ) and switches to EAD, he/she can go back to H1 ( a fresh H1 subject to CAP now ) and stay for 5 more years.


However benefits of H1 as mentioned by tammy totally outweigh the benefits of EAD...

will_get_there:D
 
Also, if your I-485 gets denied for some reson, then you will be out of status immediately if you are using your EAD because your EAD was based on 485. On the other hand, if you are using an unexpired H-1B when your 485 gets denied, you will still be in valid lawful non-immigrant status.
 
Hi Friends,

I have a doubt regarding moving from H1 -> EAD

I am the primary GC applicant. I have a H1 valid till 2006 and my wife also has a H1 from some different company till 2006. We both have our H1 stamped till 2006.
Recently we got our EADs. My wife needs to change employer. Can she go ahead and use her EAD ? I think this will invalidate her H1 visa. Is it an advisable option ?Or should she try for H1 transfer , rather than using EAD ?

I however shall continue to use my H1B-only. We still do not have the I-140 cleared, so just being cautious, although the 140/485 application has been pending for more than 180 days now.
If my job gets in jeopardy , would that imply that my wife's EAD is also affected ? And that she would need new H1 to work again ?

Please suggest anybody as we need to take a quick decision here.

Thanks A Lot !!!
 
In my opinion and I got it confirmed with some other guys, you should stay on H1 if the 140 is filed on your name and your wife can work on EAD so in case something goes wrong she can come back to H4 or H1. To be on the safe side, you should continue working on H1 and that's what I'm doing.
 
Thanks Indian for the reply.
Yes I do intend to continue working on H1 rather than EAD for myself.However what about my wife ? Should she change from H1 to EAD ? Like you mentioned, she can come back on H4 in case something bad happens with my case. So , in that case would we require a new H1 for her if she needs to get start working again ? Or can she still refer to her previous H1, prior to moving to EAD. ?

Thanks again for all the help.
 
In that case, she has to apply for a fresh H1 subject to CAP but that also is advisable cuz in the worst case she will have to come back to H4 if H1 quota expires.
If you have an option for H1 for ur wife, I think thats better, but of course getting a job with EAD is easier than with H1.
 
Thanks for the prompt reply again Indian25...

One more advise required...

In case my wife moves to EAD and in case I get my 140 approved ( which I am expecting in couple of months, hoefully) and THEN I change my job or get laid off, my wife can continue to work on EAD right ? At that point, she does not need to get a H1 or H4 till our 486 is pending ?

Thanks again....
 
Its mainly 485 on the basis of which you get your EAD, of course u can change your job after I-140 approval and RD of 485 is 6months old. So, its better to wait for 485 after which u or ur wife should start working on EAD if u have an option with you. If you are working on EAD and 485 gets denied, u are out of status and have to apply a fresh H1 and stamping from India.
EAD is useful to get a good job and also when your H1 6yrs period is getting over. In all other respect, H1 is on the upper hand.
Thats the reason I'll wait till 485 if possible cuz INS is v unpredictable.
 
You must log in or register to reply here.
Top