Move from H1B to EAD, pls help!

[tpauser]

Hi all, this is my situation.

I entered US on h1B and my I-94 is valid till september 2009. I also have a valid derivative EAD (thru my husband, valid till october 2010) and a valid AP (valid till november 2009, already applied for renewal). I am planning to leave my job in beginning of August (which is thru H1B) and move to the derivative EAD.

Couple of questions:
1) I was thinking of moving to EAD so that I can work again starting october. What I need to move to EAD? Is that a wise move?
2) Since my I-94 is valid only till sep 2009, do I need to go outside US to get a valid I-94 again? I am planning to visit India in November this year after I get my AP renewal. Will an expired I-94 cause any issues at that time?

Anything else to be worried about wrt to an effect on my I-485 petition.

Any insights would be really appreciated. Thanks in advance.

Thanks!!

 

[ginnu]

Hi all, this is my situation.

I entered US on h1B and my I-94 is valid till september 2009. I also have a valid derivative EAD (thru my husband, valid till october 2010) and a valid AP (valid till november 2009, already applied for renewal). I am planning to leave my job in beginning of August (which is thru H1B) and move to the derivative EAD.

Couple of questions:
1) I was thinking of moving to EAD so that I can work again starting october. What I need to move to EAD? Is that a wise move?
---------------------you can use EAD for work. just update employer HR once again join with EAD. once you used EAD your H1 becomes invalid.

2) Since my I-94 is valid only till sep 2009, do I need to go outside US to get a valid I-94 again? I am planning to visit India in November this year after I get my AP renewal. Will an expired I-94 cause any issues at that time?
----------------------if you want to enter again on H1 then you need valid H1 visa stamp, your H1 expires in september 2009 so how you will enter on H1 in November if no H1 valid stamp ? you can use AP for entry to US.

Anything else to be worried about wrt to an effect on my I-485 petition.

Any insights would be really appreciated. Thanks in advance.

Thanks!!

-------------------

 

[tpauser]

Ginnu,
Thanks for your reply.
Can you pls clarify 2nd question - my i-94 is valid till sep 09 but my h1b is valid till august 2010 (this is because i moved from 1 employer to another, did not get visa stamped from 2nd employer when i went to india last time and re-entrered US on 1st employer's visa but 2nd employer's i-797).
If I move to ead now and since i94 is only valid till sep 09, is my stay in US legal after sep09 even if my ead is valid and i have AP?
Really apreciate your help.
Thanks!!

 

[jk0274]

Didn't you get a new I-94 card with the second employer's I-797? You only have one valid I-94 at a time, and it's normally the most recent one issued to you. If you received a new one with the 2nd employer's I-797, then the previous one is no longer valid.

Yes, you will remain in authorized presence in the US after your current I-94 expires because you have a pending I-485 application. Having a valid EAD or AP is not relevant here - only the fact that you have a properly pending I-485 means you are in authorized stay in the US until your I-485 is adjudicated. You do not have to leave the US and return just for the sole reason of getting a new I-94. Your H status will expire when your I-94 expires, but you will still be authorized to stay in the US.

 

[voldemarv]

Ginnu,
Thanks for your reply.
Can you pls clarify 2nd question - my i-94 is valid till sep 09 but my h1b is valid till august 2010 (this is because i moved from 1 employer to another, did not get visa stamped from 2nd employer when i went to india last time and re-entrered US on 1st employer's visa but 2nd employer's i-797).
If I move to ead now and since i94 is only valid till sep 09, is my stay in US legal after sep09 even if my ead is valid and i have AP?

You have pending I-485 so you authorized to stay in the US till it's approved or denied. This provision has nothing to do with I-94, H1 and even EAD. You still need EAD to continue to work in case you abandon your H1.