Renew H1B or just renew EAD?

S

suresh_colo

Registered Users (C)
Hi gurus,

My friend’s AOS has been pending since July/2007 (PD is 09/2006, filed AOS during the AOS fiasco last summer).
His current H1B expires in September/2008, but he has a valid EAD that will be annually renewed.

The question is:
Should he renew his H1B for three more years (which his company has no problem in doing) while his AOS is pending OR should he just keep renewing his EAD annually? What if he does both?

Considering that he won't be interested in visa stamp on his passport (since he has AP to travel overseas) I wanted to know the pros and cons of each approach.

Thanks,

suresh_colo
 
H1B is much more expensive. Also, an interesting fact is that if he doesn't use up all six years of his H1B and starts using his EAD, he can use the left over H1B later, should something go wrong with the I-485. He will be independent of the then quota limits for H1B.
EAD is of course more beneficial for AC21.
If he has no problem with staying on with his current employer till he gets his 485 approved, either approach is fine.
To switch jobs EAD is better, of course.
 
ok fine. what he has to do if any problem in 485 how he can get back the H1b active. please let me know if you have any idea on this?
 
Just get the same or a new employer to sponsor an H1B, that's all. They should mention that the H1B should be counted against a previous year's quota, depending on when it was issued.
For example, if the original H1B was issued in 2004 and used till 2006 and then the candidate used his EAD. It means that only 2 yrs were used. The new H1B should be applied for and counted against the 2004 year quota.
Hence the candidate can get the H1B any time of the year and is independent of the quota.
I'm not 100% sure of the details and any gotchas, so check with an attorney, or better still, check with United Nations, The Real Canadian etc.
 
Can't go back to H1 once you use EAD

Your H status will be automatically revoked if you start using EAD. After EAD, you have to get another H1 if you have to. You can't continue your old H1.

You can continue using your leftover of H1 if you go outside of the country, or switch to another status like F. However for EAD, it is not an option.

So keep renewing your H and EAD (but keep using your H not your EAD) if you still work for the same company.

Note for H4 it is slightly different (after H4 holder uses EAD, she/he can go back to H4 again, but has to be outside of the country to get the H4).
 
Last edited by a moderator:
mikeliu88 said:
So keep renewing your H and EAD (but keep using your H not your EAD) if you still work for the same company.
Click to expand...

How do you "keep using" your H when you have both H and EAD valid?
Is there any process that makes the "switch"? I am assuming that if both are valid your status is still H, correct?
 
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