NIW application and H1B time

E

egisto

Registered Users (C)
Hi all,
I am currently preparing all the docs to apply for the green card under the NIW (one more week hopefully). I am also applying for adjustment of status including EAD: my understanding is that I can use that to stop my time on H1B from running out. Do I need to show my current employer the EAD card or can I use the return receipt that acknowledge USCIS has received it?
Thanks
 
I don’t know the answer to your question so may be someone else who knows the answer will post it.

However, if you start using your EAD and your I-485 gets rejected for any reason, you will become out of status and you will have to leave the country immediately! Keep that in mind when you decide to use the EAD.
 
Hi egisto,
I have to agree with alex09. If you use your EAD anyhow anytime, the underlying visa and status are canceled. In that case, if I485 is denied, you will be out of status. You can file for MTR and appeal, but experience has shown that those are not the strongest routes.
Of course, your lawyers should have told you this in advance.
 
Thanks for your comment. I am doing the adjustment of status by myself (the lawyer asked for an exorbitant amount of money just to fill a few forms). I had read about this issue in some replies in the forum but I am not sure I have a choice.
I have only 10 months left on my H1B and would like to keep as much as possible: in fact I am currently looking for jobs (my contract as post doc is expiring soon) and i feel that if I do not have enough time on my H1B, no employer will even look at me.
Am I missing anything?
Thanks
 
Hi egisto,
I still did not understand the "running out" part. It was my understanding that once you use your EAD, H1B is cancelled altogether. In other words, by using your EAD you can not save your remaining time on H1B. Of course, this is my understanding only from this situation.
Why new employer can not apply for new H1B or extension of H1B?
 
Mhush,
thanks for your response.
Let me try to explain. A potential employer will hire me with only ~6months of time left on H1B. At that point, he cannot file for and H1B extension since there are less than 365 days from its expiration.
Most likely I will have to leave the country while waiting for the I140 to be approved: is the employer going to wait or he would simply prefer hiring somebody else?
My understanding was that by using the EAD I would still have my 10 months of H1B time and if my NIW is denied I could fall back on it by going abroad and reapplying for the H1B.
Am I missing something?
 
In order to be 100% sure, please get legal advice from an experienced attorney.
I see your problem with 6months left on H1B. However, it is my understanding from my lawyer's advice that if you use EAD, there will be no fall back to H1B. Once you use EAD, H1B is cancelled. If I140 is denied, EAD will also be cancelled and you have to leave since I485 will also be automatically cancellled.
Gurus, please correct me if I am wrong.
 
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