Need valuable suggestions

T

to_be_lucky

Registered Users (C)
My I-140 was approved on May 2nd 2005 and I-485 has been pending since Dec 2004. I was on H1 for the past 3 yrs and now my H1 is about to expire.

The issue is that my employer is not willing to apply for my H1 extension. He says that since I have my EAD, I can work on that and there is no need to apply for H1. I tried to explain him about the risks involved but he is'nt willing to apply for an extension rather wants me to use EAD.

I was always in status and havn't changed my employer from day 1 in USA.
I came to USA in 2001 on H1 visa. My questions is are there any likely risks involved if I work on EAD. Also what is the process to convert from H1 to EAD ?

I would appreciate if the forum gurus can share their thoughts.
Thanks in advance.
 
as long as you have been in status and worked with authorization u will be fine. To work on EAD u simply have to fill an I9 form available on the USCIS website and show a copy of your EAD to your employer
 
to_be_lucky said:
My I-140 was approved on May 2nd 2005 and I-485 has been pending since Dec 2004. I was on H1 for the past 3 yrs and now my H1 is about to expire.

The issue is that my employer is not willing to apply for my H1 extension. He says that since I have my EAD, I can work on that and there is no need to apply for H1. I tried to explain him about the risks involved but he is'nt willing to apply for an extension rather wants me to use EAD.

I was always in status and havn't changed my employer from day 1 in USA.
I came to USA in 2001 on H1 visa. My questions is are there any likely risks involved if I work on EAD. Also what is the process to convert from H1 to EAD ?

I would appreciate if the forum gurus can share their thoughts.
Thanks in advance.
Click to expand...
Yes --- there is always a risk to work on EAD when you can work on H1 instead.
H status gives you a "fallback" in case your 485 runs into complications -- definitely a rare occurence, but if it happens, you'll be glad to have H1.

If you absolutely cannot retain H1, its very easy to start using EAD -- just fill out a new I-9 form and use your EAD as the proof of eligibility.

Seriously consider keeping your H1 somehow (offer to pay for the H1, if that will "convince" the employer)
 
EAD and AP has to be renewed every year. H1 approval and visa stamp will be for three years . Is your employer paying for EAD for renewal?
 
armie said:
EAD and AP has to be renewed every year. H1 approval and visa stamp will be for three years . Is your employer paying for EAD for renewal?
Click to expand...

No I will have to pay for EAD renewal expenses which is after 8 months.
 
max2k1 said:
Yes --- there is always a risk to work on EAD when you can work on H1 instead.
H status gives you a "fallback" in case your 485 runs into complications -- definitely a rare occurence, but if it happens, you'll be glad to have H1.

If you absolutely cannot retain H1, its very easy to start using EAD -- just fill out a new I-9 form and use your EAD as the proof of eligibility.

Seriously consider keeping your H1 somehow (offer to pay for the H1, if that will "convince" the employer)
Click to expand...


Thanks max2k1 for your response..., I tried my level best to make him understand but it looks like my employer has made his mind not to apply for my H1 extension. Do you know the possible reasons for I-485 denial. The reason I am asking is because, I was always in status and did have a job with the same employer starting with day 1. Does that mean the chances are minimal/rare ?
 
Jaggy said:
as long as you have been in status and worked with authorization u will be fine. To work on EAD u simply have to fill an I9 form available on the USCIS website and show a copy of your EAD to your employer
Click to expand...

Thanks Jaggy, actually I am little relaxed when I read your message. I have been in status and no criminal record. So was wondering the chances/ratio for I-485 denial.
 
You are generally safe when it comes to 485. Denials are very few unless case is very complicated. your looks like straight forward case. But it is better to have H1. You have to convince or \since 140 is approved you can switch job using AC21 and then ask new employer to apply for H1 also. Remember now economy is better and jobs are available at every corner of this country. This is your right and you are the one who should decide if you want to work on H1 or EAD.

You should be able to convince him if you do not want to take this drastic step.

All the best!

Thanks
 
I never reapplied for my H-1B when it expired. I worked on the EAD and used AP to travel. There may be some risk but I decided to just be in AOS. It saved everyone a lot of money. It's up to you if thats what you want. I never had any problems.
 
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