Is it good to use EAD/AP before I140 approved??

[mayee]

Hi,
My visa stamp in passport is expiring in March 2004. I have concurrently filed I140/485 and received my EAD and expecting AP shortly. My I140 is not approved yet. Is it safe if I use EAD after H1B expires or should I go for H1B extension? I have about one year left in 6 year H1B term.
Also, I am planning to visit India in June first week 2004, should I go for premium processing in H1B extension.

Thanks.

 

[guju]

how confident are you that your140 will be approved?
If you are pretty confident then there is no hard in using EAD/AP, since you have only 1 year remaining on H1, you will have to keep renewing h1 every year anyways.

However, if you use your EAD and then your 140 gets denied, (so will your 485) then you will be deported. So it is your call.

if your comapny is willing to co-operate then extending H1 is the safest way to go. Once you apply for your H1 extention, you can continue working on H1, as long as USCIS received your H1 extention application before your current H1 expires, you are good to go. If your H1 approval doesn't arrive before you have to go to India then you can use AP to travel, and when you come back you will still be on H1.

I don't think there is premium processing for H1 extention, and even if there is, you don't have any need to spend extra 1000 bucks to get it premium processed.