pros and Cons of activating EAD

[hopeful4GC]

Hello All,

As of June visa bulletin, my PD became current and I am preparing to apply for my I-485 . My spouse and myself are on both 7th year h1-B extensions. could somebody shed light into the pros and cons of activating EAD when we are on our 7th year H1-B visa. thanks for any insight.

 

[hopeful4GC]

Anybody

^^^^^

 

[kannan_sfo]

I know one major con.

If you activate the EAD, then you are not maintaining your H1B status. If for any reason if the AOS is denied and cannot be reopened, then you have immd. switch back to H1B. And the H1B will be fresh H1, and it counts in annual limit. This year's annual limit has been already reached!!! and for next year also seems you may need to depend on lottery.. so it will be a mess.. if EAD activated and AOS denied.

 

[rocky_rock]

If you activate the EAD, then you are not maintaining your H1B status. If for any reason if the AOS is denied and cannot be reopened, then you have immd. switch back to H1B. And the H1B will be fresh H1, and it counts in annual limit. This year's annual limit has been already reached!!! and for next year also seems you may need to depend on lottery.. so it will be a mess.. if EAD activated and AOS denied.

any why 485 could get rejected generally?

 

[Ooz]

Well .. there could be any reason. If you can not prove employment, a fraud is detected, or if you changed job and the employer who you filed with withdraws your 140, before you can do AC21.

Many many more. Gurus can shed some more light I guess.

 

[ravishankar20]

How and when does the EAD get activated?

Does it get activated as soon as its issued, which means i'm not on an h1b status anymore?

-R

 

[justdoit]

EAD gets activated when you use it for employment. So, you let your H1 expire and start using EAD instead. Or you invoke AC21 and join a different employer using EAD. Also, if you enter USA using AP after travel abroad, you lose your H1 status.

 

[voldemarv]

EAD gets activated when you use it for employment. So, you let your H1 expire and start using EAD instead. Or you invoke AC21 and join a different employer using EAD. Also, if you enter USA using AP after travel abroad, you lose your H1 status.

Last is not true. You can enter on AP and continue to work for current employer in H1 status even without EAD.

 

[raju91]

Assume that a person is going to use the AP to enter US after a vacation in outside US and want to continue working with the employer with H1-B. Does it require showing valid (non-expired) H1-B Visa on the passport and H1B original document to the immigration officer at the airport to maintain the H status?

Thanks,

 

[justdoit]

Assume that a person is going to use the AP to enter US after a vacation in outside US and want to continue working with the employer with H1-B. Does it require showing valid (non-expired) H1-B Visa on the passport and H1B original document to the immigration officer at the airport to maintain the H status?

Thanks,

If you have valid (non-expired) H1-B Visa on the passport and H1B original document; why would you enter on AP? You could enter on H1-B.

The advantage of AP is you can enter US without valid visa in Passport (and hence avoid standing at the consulate to get visa stamp). When you enter on AP, your status is 'Parolee' but your H1B is still kinda valid. You are able to renew that H1B [Not sure about H1b transfer to new employer at this point]. Once H1B renewal is approved, you automatically lose your Parolee status and regain your H1B status.

 

[india62]

Is this can be confirmed with any USCIS Website that one can reenter US with AP and can work with same employer with old valid H1B.

 

[DesiVidesi]

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Please ban user gawseagefs from immigrationportal forums. He is posting porn related links in all threads.