Medical residency and AOS

[moksha]

Hi all..

I am currently on H4 visa. My husband is on H1. My husband and I have filed I-485 application more than 6 mths ago( Based on his employment).
We both also have EAD's but have not used them so far.
I will be joining a Medical Residency this year and have the option to work either on H1 or use my EAD.

Question:
1)If I change status to H-1, will my AOS application be affected in any way?

2) Am I better off using the EAD or to change status to H-1. I have been told that keeping a valid h-status during AOS is useful.

Any advice is much appreciated.

Thanks

 

[hirshad]

h1 better

We had a similar situation, but my wife was not offered H1. So she is doing her residency using EAD. If you can get H1 that will be better. It does not affect your AOS appliation. H1 gives you a safety net if for some reason your AOS application is denied (I hope not). Also, for EAD you have to spend $300 every year and it can make things difficult (specially if ou do not get it approved in time- you can only apply 120 days before expiration and it may take more than that).

Visa is another issue. AP is easier to travel specailly if getting H1 visa may be an issue in your country. However, as far as I know, using AP does not invalidate your H status (as long as you do not use EAD). Good luck with your intern year.

 

[moksha]

Thanks Hirshad

Yes, this is what my husband and I think too..that H1 offers a safety backup. Especially, because our EAD is via his employment, and there's always the insecurity of losing his job ( Godforbid!) and 485 being processed at the same time or stuff like that. But in my case too, it seems that I will end up working with EAD.
thanks a lot again. GL to both you and your wife.

 

[Aibolit]

However, as far as I know, using AP does not invalidate your H status (as long as you do not use EAD). Good luck with your intern year.

Entering the US on AP invalidates H status. In order to keep H status one must enter using H visa.