Hi, am currently working on valid H1 status. I am putting together my marriage-based GC application with my partner and we are not sure if I should apply for the EAD as part of the package? My H1 visa is valid until mid-2023 and we plan to submit it this month, so hopefully, I will have my GC before my status expires. I got lucky to find an employer in my profession who sponsers H visas but it will be tough to find another employer willing to do the same when my contract ends in two years. I know that family-based GC normally takes just over a year but with COVID, I am afraid it could be delayed up to two or more years. But, I am fearful the EAD would invalidate my current H visa and I wish to stay on H status until it expires in mid-2023 as it allows me entry into the United States if I ever needed to leave during that time period. Ideally, I would only use the EAD if there was still no sign of the GC by the time my H1 expires in two years. I heard you can keep an EAD card and not use it and that doesn't compromise your H status but I am worried this might not be true? How does CBP/USCIS know if you used your EAD or not?
Should I apply for EAD while on H1 status?
- Thread starter Marid00
- Start date
SusieQQQ
Well-Known Member
It is correct that as long as you do not use an EAD card it has no implications for your prior, maintained status. There is no harm filing for it as an “insurance” option. And if you are filing i765 for EAD you should file i131 for advance parole (AP) too, so that you can in fact leave and return to the US if you are no longer on H1. EAD and AP is usually issued as a combo card if both have been applied for.