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

Thanks!

Hello folks,

Firstly thanks a lot for your inputs!

Some related questions:
1. How much freedom does one have in taking up a new job with the EAD, in terms of job description. My job is in the area of Supply Chain analytics ( using mathematics to solve business problems). How much am I constrained by the job description on my LC?

2. Salary: Maybe this should be a seperate thread, but with the prospect of a GC being pushed by atleast 2-3 years for most of us, is it a realistic expectation that the salary of a new postion after a job change should be comparable to the salary while filing the GC (2+ years back!)

3. Classic AC21 question: What is your take on whether we should inform the USCIS after taking up a new postion? Should we inform them or stay mum unless called for a RFE etc. ( is it legal?)

Thanks!
 
mygcsearch said:
Hello folks,

Firstly thanks a lot for your inputs!

Some related questions:
1. How much freedom does one have in taking up a new job with the EAD, in terms of job description. My job is in the area of Supply Chain analytics ( using mathematics to solve business problems). How much am I constrained by the job description on my LC?
AC21 and EAD/H1 are entirely different issues. If you file for AC21 then you need to make sure job duties are same as mentioned in LC.
There are no restrictions placed on H1 or EAD as for the job description.

2. Salary: Maybe this should be a seperate thread, but with the prospect of a GC being pushed by atleast 2-3 years for most of us, is it a realistic expectation that the salary of a new postion after a job change should be comparable to the salary while filing the GC (2+ years back!)
I have heard that salary increase is OK. To some extent salary decrease is also OK. However if you get 2 or 3 times the salary as specified in LC, it raises unnecessary suspicion that may be the new job you are doing is not afterall same as the one LC applied for. In general salary issue is no big deal.

3. Classic AC21 question: What is your take on whether we should inform the USCIS after taking up a new postion? Should we inform them or stay mum unless called for a RFE etc. ( is it legal?)
You have the option to wait until receiving RFE or NOID (in cas past employer files for 140 revocation) and respond back. But in general it is recommended to file for AC21 proactively.
Actually I see where you are coming from ....You are thinking it is anyways going to take 3 years for 485 adjudication with retrogression. Why not do any job that you like for now (not matching the LC description) and switch to the matching job little before 485 adjudication just in time....I just see a lot of risk in it :)
Iam also in a similar boat - very restrictive field (within IT/software) and really want to pursue for a more main stream job but helpless...
Thanks!
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Hi-B 8th year extension VS EAD - Question.

What is the advantage I will have by extending H1-B 8th year instead of using EAD ?

EAD will be invalid if I485 is denied by any chance, and one need to leave US.
Is there any advantage if I have H1-B 8th year extension. Will the H1-B valid after I485 is denied ? Can I stay/work in US till the 8th year H1-B expiration date, if I485 is denied ?

Please clarify ? I need to spend money on my own for H1-B extensions every year. If there is no advantage with 8th year H1-B, then there is no point in speeding money for applying H1-B every year. Instead I can use EAD.

I would appreciate your input on this.

EB3 - India
140 - Approved
485 - Pending
Has EAD and AP
 
Anil_Verma said:
What is the advantage I will have by extending H1-B 8th year instead of using EAD ?

EAD will be invalid if I485 is denied by any chance, and one need to leave US.
Is there any advantage if I have H1-B 8th year extension. Will the H1-B valid after I485 is denied ? Can I stay/work in US till the 8th year H1-B expiration date, if I485 is denied ?

Please clarify ? I need to spend money on my own for H1-B extensions every year. If there is no advantage with 8th year H1-B, then there is no point in speeding money for applying H1-B every year. Instead I can use EAD.

I would appreciate your input on this.

EB3 - India
140 - Approved
485 - Pending
Has EAD and AP
Click to expand...

I read from various posts that H1-B extension remains valid even though 485 is denied provided the H1-B extension already came thru. Thats not the case with EAD. However I went by cost-benefit analysis. If I am very close to getting 485 adjudicated I would have taken pains to stick with H1. What is your PD? If your employer is bearing all the expenses then you should stick with H1B as far as possible. Previously my employer paid for all the visa expenses. I have to do it now on my own (after filing for AC21) and I find the costs with H1 extension prohibitive.
 
I am working on my H1B and filed for 7th yr extension a month back. Also, just last week filed for 140/485 as well. Since I filed before end of Sep, I am going to get EAD/AP sometime in the near future.
Once I get the EAD/AP, am I still working on my H1B extension or EAD? Reading earlier posts, is H1B extension still valid (even though it was filed due to labor pending)? Not sure if that could be correct since logically thinking the only reason I was given (or will be given) the extension is coz of GC filing. Right?
 
dcmetro22042 said:
I am working on my H1B and filed for 7th yr extension a month back. Also, just last week filed for 140/485 as well. Since I filed before end of Sep, I am going to get EAD/AP sometime in the near future.
Once I get the EAD/AP, am I still working on my H1B extension or EAD? Reading earlier posts, is H1B extension still valid (even though it was filed due to labor pending)? Not sure if that could be correct since logically thinking the only reason I was given (or will be given) the extension is coz of GC filing. Right?
Click to expand...

Your getting EAD has nothing to do with H1B status. Unless you fill out I-9 form (as mentioned earlier in this thread) with EAD, you will be on H1B. However your HR or Immigration dept will be checking back with you periodically just before H1 status expires to make sure you can somehow show proof that you can work (H1 extension or EAD).
As for your other argument - Yes, H1 extension is given becasue of GC filing. Well they should still do H1 extension becasue your GC is still pending right? :) One can keep both their H1 and EADAP extending and only use H1. (In my opinion) it all depends on who is paying for all these extensions...
 
To Grandhipal

Why not do any job that you like for now (not matching the LC description) and switch to the matching job little before 485 adjudication just in time....I just see a lot of risk in it
Click to expand...

What risks do you see and why?

Also, please refer to my post in the same thread (post #11) regarding H1B extension and EAD (quoted from www.immigration-law.com). They say that H1B ceases on 485 denial, which i think is logical. If you\anyone else reading this thread, sees a quote\link that says otherwise please post for the benifit of all.

If there has been no legal guidance on the validity of an extended H1B (based on LC) when I485 is denied, then logic suggests it should not be valid as it is based on pending 485.

Any inputs please.
 
avi101 said:
What risks do you see and why?

Also, please refer to my post in the same thread (post #11) regarding H1B extension and EAD (quoted from www.immigration-law.com). They say that H1B ceases on 485 denial, which i think is logical. If you\anyone else reading this thread, sees a quote\link that says otherwise please post for the benifit of all.

If there has been no legal guidance on the validity of an extended H1B (based on LC) when I485 is denied, then logic suggests it should not be valid as it is based on pending 485.

Any inputs please.
Click to expand...

Risks:
1. You cannot always time changing the job preparing for an RFE. What if backlogs move much faster than anyone imagined?
2. USCIS can ask for past employment history (pay stubs, offer letter etc) instead of just the last AC21 on file (in case you are able to time it correctly).
Eg: USCIS can ask for pay stubs for past 'x' months. This 'x' can be large too. Lets say you changed job and filed for (last) AC21 which actually matches the job description of LC only 6 months ago (before adjudication started or they sent u an RFE). if x>6 then...it will be just asking for trouble.

I saw your post on H1 extension (past 6 years) becoming invalid (immediately) with 485 denial. Sorry, I dont have any proof or link to a resource that says otherwise. However I came across many posts that said H1 remains valid until the extension expires. I know "many" doesn't prove anything :)
I would appreciate if experts can comment on these. This is one of those times, I would love to be wrong.
 
Thanks for the clarification. However, once I get the AP and travel on AP, then automatically that means that I am now using EAD and abondoning H1B or not? I was told that once you have an AP you do not need to get a H1B visa to enter US, is that true? If it is, I should rather take that approach and not stand in visa lines since my H1B visa (and not status) expired last year.

Grandhipal said:
Your getting EAD has nothing to do with H1B status. Unless you fill out I-9 form (as mentioned earlier in this thread) with EAD, you will be on H1B. However your HR or Immigration dept will be checking back with you periodically just before H1 status expires to make sure you can somehow show proof that you can work (H1 extension or EAD).
As for your other argument - Yes, H1 extension is given becasue of GC filing. Well they should still do H1 extension becasue your GC is still pending right? :) One can keep both their H1 and EADAP extending and only use H1. (In my opinion) it all depends on who is paying for all these extensions...
Click to expand...
 
dcmetro22042 said:
Thanks for the clarification. However, once I get the AP and travel on AP, then automatically that means that I am now using EAD and abondoning H1B or not? I was told that once you have an AP you do not need to get a H1B visa to enter US, is that true? If it is, I should rather take that approach and not stand in visa lines since my H1B visa (and not status) expired last year.
Click to expand...

Traveling on AP has nothing to do with EAD/H1. Unfortunately I don't have anything handy to quote to substantiate this. You can travel on AP and still maintain H1. I vaguely remember that it is better to use AP even though you have valid H1 (and stamping) to re-enter. I dont remember the reasoning behind it. You still have the choice of going H1 or EAD. Here is what I would do: If I have close to 3 years left on H1 (part of original 6 years) then I will spend money to keep H1 active (spending for H1 transfers when changing employers etc). If I already crossed 6 years (which is the case with me now) and if I have to pay for the extensions (which is again the case) then I wouldn't bother about keeping H1 and switch to EAD. Needless to say - you will do whats best to you in a given scenario.
 
In my case, I filed for 7th yr extension just a month back and employer paid for it. Now 140/485 was filed last week. So I am expecting to get the EAD/AP in 10-12 weeks. Once I get that, I plan to visit India on AP. So in this scenario, assuming that my H1B gets approved, I am going to travel on AP but still maintain and am working on H1B unless I file I-9. I am not sure I shall file I-9 since I am not leaving this firm for some time..maybe until 485 is approved as well. And unless lawyers advises me to file it, I can continue on H1B. How does that sound?
 
dcmetro22042 said:
In my case, I filed for 7th yr extension just a month back and employer paid for it. Now 140/485 was filed last week. So I am expecting to get the EAD/AP in 10-12 weeks. Once I get that, I plan to visit India on AP. So in this scenario, assuming that my H1B gets approved, I am going to travel on AP but still maintain and am working on H1B unless I file I-9. I am not sure I shall file I-9 since I am not leaving this firm for some time..maybe until 485 is approved as well. And unless lawyers advises me to file it, I can continue on H1B. How does that sound?
Click to expand...

Yep, sounds good. If your employer is paying for EAD/AP/H1-B extensions why are you even thinking about switching to EAD? :) Remember that your spouse (derivative) can choose to use EAD (to work) even though you stick to H1-B. Of course she will be out of status if 485 is denied for any reason (which I hope not).
As for using AP vs. H1-B to re-enter US please check with other experts or immigration lawyers. I know you can use either but it is good to find out which one is preferred.
 
dcmetro22042 said:
Thanks for the clarification. However, once I get the AP and travel on AP, then automatically that means that I am now using EAD and abondoning H1B or not? I was told that once you have an AP you do not need to get a H1B visa to enter US, is that true? If it is, I should rather take that approach and not stand in visa lines since my H1B visa (and not status) expired last year.
Click to expand...
Grandhipal is correct.
Using AP does NOT invalidate your H1 status -- you can travel and re-enter on AP and continue to work for your employer on your existing H1.
See the Cronin Memo which covers this issue.

You will be in H status irrespective of what the I94 says ... so you need to extend H1 as appropriate.

AP is preferable because of the uncertain wait times for visa stamping abroad - also some visa stamping cases get delayed by weeks for "random" security checks. Plus with AP you don't need any supporting docs to re-enter - just the AP and passport is all that's needed (compared to the extensive docs for H1).
 
wow! Only day before somebody mentioned that once u have AP, i would not need to get a visa. This is great! :) Does USCIS do extensive checks even before sending out EAD and AP?
 
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