Need advice - do I need EAD, or can I save the money?

SBI1

Registered Users (C)
I am on concurrent filing (March 2002), I-140 approved January 2004.

There is a slight chance that I will need to change employer sometime in the next 2-3 months.

Do you think I need EAD for that, or can I save the money and the hassle? I know it's suppose to take between 60 and 90 days, but my wife is waiting for her renewal since August, so even if I apply now there is a very good chance that I won't even have it by the time I (might) have to switch empolyer.

I know that since 180 days have passed since my filling I can switch employer without EAD, but I wasn't sure what's the best thing to do.

Thank you.
 
if EAD is valid

then you do not need to apply EAD again. You would need to do that when your EAD is actually about to expire. You can switch the job if your I-485 has crossed the limit of 180 days from the date you filed.
 
H1B_140 said:
then you do not need to apply EAD again. You would need to do that when your EAD is actually about to expire.

But I don't have EAD...I never had one. My visa is still valid and my lawyer sayd I don't need any EAD if my visa is valid and I am pending I485...
 
SBI1 said:
But I don't have EAD...I never had one. My visa is still valid and my lawyer sayd I don't need any EAD if my visa is valid and I am pending I485...

EAD is not a MUST. you can join new employer with transferring H1-B with him. EAD is not required. if you use EAD and your AOS is denied, you will be out-of-status immediately that's why its advisable to maintain H1-B status eventhough you have EAD. you are good with H1-B transfer.
 
dyingforgc said:
EAD is not a MUST. you can join new employer with transferring H1-B with him. EAD is not required. if you use EAD and your AOS is denied, you will be out-of-status immediately that's why its advisable to maintain H1-B status eventhough you have EAD. you are good with H1-B transfer.


I am on E1, not H1-B.
 
SBI1 said:
I know that since 180 days have passed since my filling I can switch employer without EAD, but I wasn't sure what's the best thing to do.

While you don't need an EAD to switch employers, you do need SOME sort of work authorization, either an EAD or an L-1/H-1.
 
Do I need to renew EAD

I had a related question. I had applied for EAD and AP along with my I-485 on Dec 2004, which is still pending. My EAD and AP were approved Jan 2005. I have however not used my EAD and instead continued to use my H1B. I have applied for 7th year extension of my H1B. My question is do I need to renew my EAD which will be expiring in Jan 2005, or should I continue using my H1B.
Is it really necessary to renew EAD since I never used my previous EAD and have maintained my H1B status.

Gurus please reply.

Many Thanks,
sandeep
 
sandy2005 said:
I had a related question. I had applied for EAD and AP along with my I-485 on Dec 2004, which is still pending. My EAD and AP were approved Jan 2005. I have however not used my EAD and instead continued to use my H1B. I have applied for 7th year extension of my H1B. My question is do I need to renew my EAD which will be expiring in Jan 2005, or should I continue using my H1B.
Is it really necessary to renew EAD since I never used my previous EAD and have maintained my H1B status.

Gurus please reply.

Many Thanks,
sandeep

I believe you do not need EAD. Hopefully your GC will get approved soon.
EAD is for side jobs or when H1-B either expires or job conditions changes. EAD has it's drawbacks too.
It's a bit tricky. I'am not sure how much it cost to extend 7th year H1-B ( employer pays) but if somehow your GC will be denied, for you it will have no difference what you used, EAD or H1-B, they both will expire right away(correct me if I am wrong). So if you have no side jobs, save the money...
 
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