Should I renew my H1 or using EAD?

G

GreenCardMA

Registered Users (C)
All experts here.
Please help me about this. My H1B will be expire in Feb next year. And I have a EAD which will expire on Sep. next year. My company is asking me to renew my H1. What should I do, using EAD or renew H1B?
I value people's opion here more than my lawyer's. Please give me pro and con about it.

I am so dispointed seeing no prove for last couple weeks. What is happening here. My RD is March. Do that mean it will take couple years to reach it?!
 
Is the company paying for H1/EAD or both?

If they are paying for both I will say renew both else renew H1.

But you would need to renew EAD if you would like to take up another job or you think you might be laid of before the adjustment.
 
Do both

Ask your company to renew h1 now and send for your EAD renewal by June or July 2003. If your company doesn't do it you can do it yourself for about $120 (currently).
 
GreenCardMA,

from my understanding, once you get your EAD, your H1 will be automatically expired. So, if you have a EAD, you no longer on H1. You may want to ask your lawyer to see if this is correct.
 
Disagree with former finger

Getting the EAD does not make the H1 invalid - working with EAD with another employer does.
 
H1 vs/ EAD renewal

I see many people asking to renew H1 even when you have EAD. WHy do one care H1 once we have EAD.
MY H1 expires on Dec8 and EAD on April 2003.
What should I do.
As Dec 8 approches, I am little worried.
Please advice.

Bkhote
 
Bkhote - possible reasons for applying for H1 (new/extn) when you have a valid EAD :

1 . Your spouse may be outside the country and you need to bring her on H4 and file for AOS before your 485 petition is approved.

2. By some weird reason you 485 is denied ( in case you are a NIW applicant or something like that - I have seen denial in this forum before) - you can keep working for on H1.

3. Lots of time your company may sponsor the H1 which would save you the money on EAD/AP($220 per person per year).

Personally I think if you intend to work for the sponsoring employee, if your company is willing to extend H1( this may be a tough one - companies may not want to do this if you have EAD) and you dont expect to be laid off before the adjustment - having the option of H1 is nice.
 
Thanks Abhi -- one more

This is the time we all can pretty much fear of getting laid of.
I was trying to understand last few lines in ur post.
If I get laid off, I can still work on EAD correct...? why would
I need H1 here.
 
If you get laid off( God forbid) - then you are right - H1 is really of no use as you would have to use EAD and find another job as per provision of AC21.
 
Talked to my lawyer

My lawyer suggested me to use EAD. He told me that extending my H1b would be redundancy since I have EAD. So now I have no choice but on EAD. Might be good since my lawyer can't make extra bucks if I don't extend my H1B. Thanks
 
GC_MA,

If someones 485 is rejected then at list he can continue on renewed H1. It is less likey to happen but what if....
 
Got confused!

My lawyer told me that once anybody ( H1, F1, B1.......whatever....)apply for adjustment of status ( I 485) and got EAD, then it is not necessary to continue their previous visa.

My lawyer is considered as one of the good immigration lawyer in washingon DC ( however he doesnt have enough time for client). I am now in F1 Visa and he suggested me it is not necessary to continue my school once I get my EAD.

I dont know who is right and who is wrong! Someone in this fourm told me it is necessary to continue pervious visa status untill I 485 approval. I cant go school and work same time. I am more confused now.

Somebody knows if there is a clear guideline from INS regarding this issue!

Experts please help!
 
Talked to my lawyer

they suggested that chances of I485 getting rejected at this stage of I485 ( 8 months since applied) are less. They might issue RFE thats it...
SO I guess extending H1 will be unnecessary.
 
Attn - BKHOTE

Found another reason to have both EAD and H1


Previously EAD/AP could have been renewed same day - specially to people like us living in MA. Now - INS district offices are not doing that any more ( there might be exceptions). If your EAD expires ( chances are high that would happen as the approvals are now taking as long as 14-15 months) - you will have to stop
unless you get the new EAD in hand though you are safe with your status. While if you have H1 you can keep working. Even if your H1 expires - you can keep working as long as you have applied for H1 extension.


This is becoming a hot issue now as so many are asking for different options. I would love to see other gurus highligting some other points I have missed so far.

Hopefully you guys are having fun with holiday shopping - and may Santa bring the GC for everyone waiting here.

And of course - we need a queen ( more is better) from Santa as well - who would have though AG is so indispensable.
 
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