Should I work in H1B or EAD

S

Sangita Ghosh

Registered Users (C)
I got my EAD and AP end of last year and am currently in H1B. My H1B expires june 2004. I had initailly taken H1B for 3 years. My lawyer tells me that there is no need to apply for another H1B and I'll keep working with my EAD. But I am just plain nervous reading about EAD renewals etc.

So, I need your advice to decide whether I should get a fresh H1B or just take up EAD. Also, if I do not renew my H1B, do I automatically switch to EAD or do i need to notify anyone other than my company?

Also, what happens to my husband? He's in an H1B but I filed his EAD too. We have not used our AP and I understand using AP means I do not have H1B status anymore.
 
I got my EAD and AP end of last year and am currently in H1B. My H1B expires june 2004.
---- Better be on H1 status that is in your best interest and apply H1 extension before H1 or I-94 gets expire
I had initially taken H1B for 3 years. My lawyer tells me that there is no need to apply for another H1B and I'll keep working with my EAD. But I am just plain nervous reading about EAD renewals etc.
------ request your employer/lawyer to file your H1 extension because if I-140 or I-485 gets denied due to any reason you want to be safe and file H1 extension and don’t use EAD. Ask your lawyer can he give guarantee in writing that I-140 and I-485 will be approved?
So, I need your advice to decide whether I should get a fresh H1B or just take up EAD.
--- if you have not used EAD then just file H1 extension and you will get new I-94 attached with approval notice. File H1 extension before june 2004, one can file H1 extension 6 months advance

Also, if I do not renew my H1B, do I automatically switch to EAD or do i need to notify anyone other than my company?
---- if you do not file H1 extension then you have to work with EAD and have to fill up form I-9 with employer and you have not to notify anybody. Once you use EAD always file EAD renewal 6 months advance and you will need to file for AP if you want to go out, AP must be filed IN US and must be approved while you are IN US and be back to US before AP expires. Much better if you remain on H1 and file H1 extension
Also, what happens to my husband? He's in an H1B but I filed his EAD too.
---- if He has H1 he remains on H1 if he does not use EAD, one can have EAD AP and still can be on H1 status. It is the use of EAD that invalidates the H1 status
We have not used our AP and I understand using AP means I do not have H1B status anymore.
----- Even if you use AP for reentry and you continue working for the same employer who filed your latest H1 you can be on H1 and can also extend H1
Take the printout and Read:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
 
Thanks Ginnu, you guys are so informed!
My I-140 was approved (under outstanding researcher category) and my 485 is pending. I now understand that my husband should continue in H1B (his own) as usual. But here's the situation for me:
I can apply for an extension of H1B, no problem but there's another local company who want me to be thier consultant. I have sone informal work for them and have not taken payment. However, if I do take payment from them, then do I automatically invalidate my H1B? I need to know this and decide if I should stay with H1B or switch to EAD.
Thanks
 
My I-140 was approved (under outstanding researcher category) and my 485 is pending.
----- if I-140 is approved and I-485 is pending more than 180 days you may be able to use AC21 and are safe. Best option your spouse should maintain his H1b status and better file his LC, and once LC gets approved file I-140, I-485 as back up
I now understand that my husband should continue in H1B (his own) as usual. But here's the situation for me:
I can apply for an extension of H1B,
---- Better apply for H1 extension and you are also qualified for 7th Year H1 extension on base of pending I-485
but there's another local company who want me to be thier consultant. I have sone informal work for them and have not taken payment. However, if I do take payment from them, then do I automatically invalidate my H1B?
---- Better take the payment through your H1 holder employer; let them pay to your H1 holder employer and H1 holder employer pays you. If you take directly being on H1 it is violation of H1 status. If they pay cash or through personal check then no problem (but that is illegal) or forget that payment if it is small amount and dont take. you are not supposed to work with others being on H1 with A and recieve pament from B directly
I need to know this and decide if I should stay with H1B or switch to EAD.
---- to remain on H1b is in your interest
 
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