Pros and Cons of Working on Just EAD ( Not extending the H1B )

J

jayjo7

Registered Users (C)
Hello,

This topic would have been discussed a lot of times before, given the situtation PD retregrossion i would like to open it again and discuss the following

1. Pros and Cons on working with EAD i.e not extending the H1B
2. Should one can and should apply for extension of EAD by himself/herself (Not going to Attonery, save some money there)
3. If possible some one can post step by step procedure to apply EAD and AP online ( Things like what document to send in mail, convering letter content,FP appointment etc., some one who just did it can share their exprience). I see a thread for that but it dated year 2003, i am sure things would a changed lot not

Please post your comments, it will be great helpful for every one seeking extension of EAD and AP

thanks
Jay
 
Hi Jay,

1. With EAD, you can work with your employer as well as being able to work on your own. EAD is cheaper to extend. I hear the 7th year H1B extension is immediately void if I-485 is denied; therefore, I don't see an advantage for extending H1B over EAD.

2. It seems easy enough to do. I'm planning on doing it myself next year.

3. I would like to hear other's experience as well :D

I'm in Seattle also, good luck to you! Are you affected by the retrogression?
 
Mr. Green said:
Hi Jay,

1. With EAD, you can work with your employer as well as being able to work on your own. EAD is cheaper to extend. I hear the 7th year H1B extension is immediately void if I-485 is denied; therefore, I don't see an advantage for extending H1B over EAD.
Click to expand...

My understanding is 7th year extension which is being processed will be
void as soon as I485 is denied, however, 7th year is valid if you got H1 extension approved before I485 denial.
 
Yes, GotPR is right. But I am not going to extend H1 (7th year) and instead just stcking with EAD.
Jayjo and Green - I am in Seattle area too :)
 
jayjo7 said:
3. If possible some one can post step by step procedure to apply EAD and AP online ( Things like what document to send in mail, convering letter content,FP appointment etc., some one who just did it can share their exprience).
Click to expand...


Yes U should eFile (EAD + AP) instead of going thru an attorney.
Pros :
* It is easy.
* It's fast
* U can double and triple check before submitting.. Attorney make mistakes sometimes.
* U get imd confirmation

Things to do :
* Have a printer ready -- as it will create a Pdf document of receipt, instructions etc.

* Go to https://efiling.uscis.dhs.gov/efile/

* Create an efile account -- if U are a first time user... (Choosing a proper password is the most difficult step in this process -- hmm to many rules etc.. but it will guide U in)

* Then choose I-765 -- EAD .. after U do the EAD it will ask U if U want to do AP too .. fill that out and pay the fees --- U will get imdly an PDF document .. save it in Ur box and print it.

* For EAD send nothing .. no documents required .. Call the ASC center .. phone number will be in the document to shedule Ur EAD biometrics. U need to carry the EAD receipt and photo id to the ASC for biometrics.

* For AP send the receipt that is printed -- good color photo of Ur ID. 485 if U want -- but not needed.

* Repeat all the steps for Ur family member.

* U are all set. Post Ur experience .. might be helpful for others.

good luck.
 
Paper filing

Hi All
I felt its hassel free. Take your licence color, passport which shows your dob and photo identification page color copy slightly enlarged, old EAD front and back color enlarged and your old I485 receipt notice and put your personnel check(you can track your bank account for the withdraw date - if you can see the bank cleared check online see on the reverse side you can get the reciept number also) and send it to the centre where you process EAD earlier. Its easy and no need of the FP. I did twice by myself and I ve got it. Its simple , easy reliable. (Who is doing with attorney???? nowadays... the dollar will be useful for next extention--- kidding???)

IT take 3 to 4 weeks....
 
Grandhipal said:
Yes, GotPR is right. But I am not going to extend H1 (7th year) and instead just stcking with EAD.
Jayjo and Green - I am in Seattle area too :)
Click to expand...

I won't be extending my H1B either. If things don't work out, then all I can do is bag it and move on! Why stay an extra year on H1B!

Good luck with your retrogression man!
 
More adv with EAD

jayjo7 said:
Hello,
1. Pros and Cons on working with EAD i.e not extending the H1B
Click to expand...

Most of the cases (whose PDs are after 2000) will not process atleast for two years.... Anyhow after 2 yrs if something is wrong with I-485 then both (H1B or EAD) 'll become void....so I don't see there is an advantage with H1B ext...

EAD

1.Can work for any employer....
2.fee is less ($175) ---
(3 yrs of EAD*175 = $525) < (1 time of H1B ext *1500 = 1500)
3. No Status problem (i.e you have to have work always if you are on H1B
but for EAD you can be idle if your GC sponsor supports you)
4. No need of getting stamped if you go out of country and come back
 
What about minor dependent

Thanks to every one, Just one more question what will be status of Minor dependent (Son or daughter ) who is currently in H4 when i just on EAD and decided not top extend H!B?
 
If you appled for GC for your minor kids and you decided to go with EAD, they are on AOS pending as well as you.
 
There seems to be some confusion as to whether the the approved extended (beyond 6 years) H1B is valid, in case I485 is denied.

For www.immigration-law.com

# Q25: My I-485 has been pending and I have been working on H-1B which has been granted beyond 6 year-limit under AC 21 Act. I know that I will be able to extend my H-1B "indefinitely" until visa number is available and my I-485 application is adjudicated. What happens with my H-1B status if my I-485 is denied? Will my H-1B status be automatically terminated at the time of I-485 denial, assuming the decision is not appealed? A: If 485 applicant maintains H-1B visa status during the H-1B six-year limit, denial of I-485 will not affect his/her H-1B status and he/she will be able complete the H-1B period and even extend the H-1B status within 6 year limit. However, when he/she works in H-1B status beyond 6 year under AC 21, the extension is contingent upon pending I-485 application. Thus once I-485 is denied, his/her H-1B status will also cease under the AC 21 law.

This is logical and what I think it is. If anyone this otherwise (i.e. extended H1B is valid till it date-expires even though I485 is denied), please post. A
link to reliable source would be appreciated.

During my recent job hunt in s\w, I saw that many employers are willing to consider only if you have GC or EAD. If you are towards the end of your H1B or have little time left, why would they want to hire you (unless you are goddam good and\or they desperately need you). Again, there are always expections.
 
I am also planning to use EAD, once my H1B expires in Feb 2006. Now, how to inform USCIS that I am using EAD. What kind of paperwork myself & my employer has to complete?
 
I don't think you need to inform USCIS. You only need to inform your employer, so that they have it in their records that you are working with your EAD. I would like to see someone confirm what I just said. I'm 99% sure it is correct :D
 
Mr. Green said:
I don't think you need to inform USCIS. You only need to inform your employer, so that they have it in their records that you are working with your EAD. I would like to see someone confirm what I just said. I'm 99% sure it is correct :D
Click to expand...

No need to inform USCIS...
You have to just fill the form I-9 before start using EAD....Employer will take care everything after that....
 
What if I have 4+ years of H1B left?

I am also stuck with the retrogression of the Eb2 category. I plan to switch jobs in the next few months and as mentioned in the title, have used only about 2.5 years of H1B1. Should I also go for the EAD/AP combo instead of working on H1B and switching jobs using my H1B?

Thoughts/Comments are appreciated!
 
mygcsearch said:
I am also stuck with the retrogression of the Eb2 category. I plan to switch jobs in the next few months and as mentioned in the title, have used only about 2.5 years of H1B1. Should I also go for the EAD/AP combo instead of working on H1B and switching jobs using my H1B?

Thoughts/Comments are appreciated!
Click to expand...

Yes...you can....
one more big advantage is...you'll have 3.5 yrs left of 6 yrs H1B cycle...So you can use them in worst case scenario (I-485 deniel).... you can apply new H1B and work for 3.5 years from the date of deny....
 
I would like to play a Devil's advocate on the first point

I would suggest H1-B extension over EAD because if 485 is denied, then EAD becomes invalid from that date and so is the legal presence of that person, spouse (who may also be working using EAD) and kids (if any, may be school going). If the person stays on H1-B, then atleast may have some extra days to stay in US legally. This decision may also vary depending who is paying for the H1-B and/or EAD. These are my two cents.
 
How come ?

Salani said:
I would like to play a Devil's advocate on the first point

I would suggest H1-B extension over EAD because if 485 is denied, then EAD becomes invalid from that date and so is the legal presence of that person, spouse (who may also be working using EAD) and kids (if any, may be school going). If the person stays on H1-B, then atleast may have some extra days to stay in US legally. This decision may also vary depending who is paying for the H1-B and/or EAD. These are my two cents.
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If H1B ext is based on pending I-485, then H1B ext also will be invalid.
If you start work on EAD, then you can save the time which is left by 6 yr cycle. You can use remaining time in case I-485 is denied.
 
Rajiv please help us on this

Rajiv please help us on this.It helps a lot of people.
thanks


Salani said:
I would like to play a Devil's advocate on the first point

I would suggest H1-B extension over EAD because if 485 is denied, then EAD becomes invalid from that date and so is the legal presence of that person, spouse (who may also be working using EAD) and kids (if any, may be school going). If the person stays on H1-B, then atleast may have some extra days to stay in US legally. This decision may also vary depending who is paying for the H1-B and/or EAD. These are my two cents.
Click to expand...
 
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