Once EAD Used makes H1B void?????

S

sank

Registered Users (C)
My , I 140 Already approved befroe i 485, i485 is pending > 1 year, Has EAD , H1B for back up(if something goes wrong in i 485).

After 180 days i have used my EAD with another consulting
company (Not my GC sponser) for 1.5 months for an Project.

Then i got long term project through my GC Sponsering consulting
company. Now I am working through H1B.

I have used EAD & H1B Back & forth. Who said Once EAD is Used
, h1B becomes void. Also I am applying for H1B 7th Yr Extension.

Does my h1B Become VOID????

- SANK



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Read this article carefully. http://www.murthy.com/UDnewins.html

Here is a paragraph from that article:
"If a person obtained an EAD and then went to work for another company while waiting for the completion of her/his adjustment case, that action would effectively terminate the H-1 or L-1 status of the beneficiary and she/he would have to file for advance parole to travel. The H-1 or L-1 holder would not be able to renew the H-1 or L-1 status in this situation"

You might wanna talk to your lawyer since you may not be on H1 status anymore.

How did you get back on H1 status after using EAD? Who told you that you got back on H1 status? Did your company filled for a new H1 petition or H1 extention?
 
You can always say all these times after using EAD first time you were working on EAD. Have you had your EAD valid all the time? In other words have worked with expired EAD any time?
I would suggest do not go seventh year extension
 
Plz help Me

Hi Guju,
My Attorney filed H1BExtension Before Working for Another Company using EAD.
Before started working for another company i got h1B from INS. After 180days on i 485, I got the project thorough another company for 1.5months. That Time i
Used my EAD.

Hence I have EAD & H1b In my Hand.
When i got the Project through GC Sponsering Employer(old Employer), They have used my h1b instead asking for EAD.

This is what Happened. On Jan 2004 i am completing 6Yrs on h1b
Hence my attorney is going for 7th year Extension Since my i485
is pending. Also I need to bring my Spouse into US, if i getmarried. That is why I am doing 7thYr Extension.

I have never wroked for any Company with Expired EAD.
rencely I have Renewed my EAD too. I got New EAD from INS.

Plz Advice me.

I asked Another Attorney since i have used EAD already , Can i use H1b Again working for GC Sponsering Employer.
He said it is OK.

Anyway plz Advice Me.

Thx
SAnk
 
Yes, since your H1 seems to be continuous your EAD usage should not be an issue. Give distinct dates and company aliases chronologically to get a confirmation (and skip the plz advice me)
 
Once EAD Used makes h1b void???

Hi Jaxen2,
Thx for your reply.

Here is my complete List.

Company - A (GC sponsering Employer)
1) i140 Already approved in Apr 2002
(Not i140/485concurrent)
(Maintaing H1B Status)

2) I was out of US for 6 months After i140 approval.
3) After Entering US, Did H1b extension in Aug 2002 (since h1b getting Expired in Sep 2002.).
After few weeks,
Oct 2002 -I 485
filed . All these were done with company A.
i got EAD /AP.

4) I was in bench for 6 months with company A.
I got h1b from INS. It is valid for 1 yr bcoz i am going to complete 6yrs on Jan 2004.

5) On July-2002 I used EAD for 1.5 month to work for
Another Employer-Company B (After 180 days of filing i485)

6) On Aug 2002, I switched back to Company "A" on Aug 2002. I have been working on H1b through them. They did not use my EAD.

7) Jan 2004, I am completing 6yrs on h1b &Hence I am filing 7th yr Extension.

Is this an issue since i have used EAD for 1.5months for Company B & my h1b Status Became void.

Plz give Advice .
Thx
Sank
 
If you have applied I-485 in Oct-2002 How come you got EAD in July 2002?
Any way I would suggest you cross the border either to Mexico or Canada. Get new I-94. Request new I-94 and apply for H1. That would solve any inconsistency about your H1. This you should do before expiry of H1.
 
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Hi Tammy, Jaxen 2
I am sorry. I have corrected the Dates for the column 5 &6


Thx for your reply.

Here is my complete List.

Company - A (GC sponsering Employer)
1) i140 Already approved in Apr 2002
(Not i140/485concurrent)
(Maintaing H1B Status)

2) I was out of US for 6 months After i140 approval.
3) After Entering US, Did H1b extension in Aug 2002 (since h1b getting Expired in Sep 2002.).
After few weeks,
Oct 2002 -I 485
filed . All these were done with company A.
i got EAD /AP.

4) I was in bench for 6 months with company A.
I got h1b from INS. It is valid for 1 yr bcoz i am going to complete 6yrs on Jan 2004.

5) On July-2003 I used EAD for 1.5 month to work for
Another Employer-Company B (After 180 days of filing i485)

6) On Aug 2003, I switched back to Company "A" on Aug 2002. I have been working on H1b through them. They did not use my EAD.

7) Jan 2004, I am completing 6yrs on h1b &Hence I am filing 7th yr Extension.

Is this an issue since i have used EAD for 1.5months for Company B & my h1b Status Became void.

Plz give Advice .
Thx
Sank
 
Dude you have already used EAD for some other company. You are going to get W2 for that
Use EAD here onword or as i told in the earlier post just cross the border get new I-94
 
Correct me if I am wrong

I was under the impression that if EAD is used H1 is invalidated, and to get back on H1 new H1 petition should be filled or H1 extention should be filled.

You cannot just go back to H1 from EAD without letting INS know it. When you use EAD, INS knows that you have given up your H1 status by working for any other company that didn't file your H1. How are they going to know that you are back on H1 without you letting them know?

If I am mistaken, and people can just jump to and from H1/EAD then please let me know, and also let me know where this law is.

I know it is easy to jump from H1 to EAD, but you cannot just assume that if you are working for your H1 sponsoring employer you are back on H1 withouth letting INS know about it.

Maybe some more senior members can shed some light on this.
 
I think Tammy2 is right, if you leave US and come back on H1 visa, you can be back on H1. If you don't have an H1 visa, you will need to apply for one though.
 
Hi Guju & tammy2 & Jaxen2

Hi Guju,
I am maintaing h1B Extended to bring my spouse into US.
Also I am having EAD(did not use for work, by filing i-9).

With intent of becoming US green card holder with respect to INS, One should use EAD to work & At the same time One can extend H1B to bring Spouse in to US.

I think H1b does not become void when One use EAD with
GC sponsering Employer OR when one jumped to another company & Switched back to same GC sponsering Company.

Ginu,(if u read carefully) I read murthy Article, It Speaks H1b become void if u switch to other company & Want to travel to other country.
When u re enter , u should not USE h1b of Previous Employer.
That time u should use Advance Parole Or New H1b procssed by
New Company. Alwys better USE Advance Parole.


This is What i understood from Murthy Abt h1 become Invaild


Anyway I am going to ask my GC sponsering Company to USE
my EAD rather than h1B.

Thx
SANK
 
Just to explain For minute think that you have not applied for I-485. In that case if you are working for some other company without any visa will make you an illegal worker. So once you work illegal you are out of status. You are not out of status because you have EAD.

H1 status should maintained separately as if you don't have AOS. H1 visa was not made dual intent to bring their wives. The intension was to invite the techie guys and they can come with intension of settling in here.
 
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Hi Tammy2,
I accept your point. H1 is Only for Skilled worker.
Those who are on AOS Status & if they get married. How is it
Possible for them to bring spouse.

Filing Follow to Join After GC apporval is a big work.

My Main Concern if i have used EAD once with other employer
& Switching back same GC sponsering , In that Case will h1b be Void ????

If i have Started working for other employer & if i am not
switching back , then H1b of GC Sponsered(old employer)
will become un usable.

Thx
Sank
 
Originally posted by sank
Hi Tammy2,
My Main Concern if i have used EAD once with other employer
& Switching back same GC sponsering , In that Case will h1b be Void ????

Sank
Click to expand...

Yes you lost H1 status. Whether you are joining back same employer or different employer does not matter. It is just joining new employer.
 
Hi Tammy2,
If i have lost h1B Status, Then I worked for GC sponsering Employer for 5 months after switching back from another employer. I got Pay stub from GC sponsering company.
They did not file i 9 application form with EAD.

What will be the Impact of this.
Will I get any Problem

Plz tell.
Thx
 
Originally posted by sank
Hi Tammy2,
If i have lost h1B Status, Then I worked for GC sponsering Employer for 5 months after switching back from another employer. I got Pay stub from GC sponsering company.
They did not file i 9 application form with EAD.

What will be the Impact of this.
Will I get any Problem

Plz tell.
Thx
Click to expand...

If you have a valid EAD, you'll be technically working on EAD with them, all your company has to do is keep filled I-9 form with a copy of EAD with them.
 
Hi Tammy2,
I have vaild EAD now. Recently Renewed It. I am going to ask my employer to use EAD.

My attorney is also filing for 7th Yr Extension. I have got EAD vaild till 2005.

What will happen to 7th yr Extension. Will it be rejected
by INS??

Thx
SANK
 
There is a very good chance that 7 th year H1 may get approved. It should not matter. As ar888 said just update your I-9 with employer.

If you want to bring your spouse then you need to get stamping and re-enter with your wife before the approval of your I-485. But maintain on all documents that you were on Pending AOS from July 2003 until you get new stamping.
 
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