Some questions related to EAD - Please Help

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gc5099

Registered Users (C)
All these are questions related to a derivative applicant with having received EAD and AP and currently working on H1.

1. Can a person who is working on H1 leave job for 2-3 months and then start again either on EAD or H1?
2. If the person goes from H1 to EAD, is it possible to come back on H1 after some time?
3. Is it possible for the person (derivative applicant) to study full time on EAD?

Thanks in advance.
 
gc5099 said:
All these are questions related to a derivative applicant with having received EAD and AP and currently working on H1.

1. Can a person who is working on H1 leave job for 2-3 months and then start again either on EAD or H1?
2. If the person goes from H1 to EAD, is it possible to come back on H1 after some time?
3. Is it possible for the person (derivative applicant) to study full time on EAD?

Thanks in advance.
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1- You can take leave according to the policy of your place and and this has nothing to do with your immigration status.
2-yes you can and actually the H clock will stop when you use your EAD and resumed back if you go back to H
3- This depends on the university or college, some places accept EAD, many others do not.
 
If some college does not accept EAD, then what is the alternative - like pending adjustment of status etc. Or in that case education is not possible.
 
IF the school does not accept EAD, I don't see what you can do, as you cannot get an F1 due to pending AOS.
However, I can't think of any reason why a school would deny admission to someone on EAD. Check with the school where you intend to apply and see if they'll accept you.
 
gc5099 said:
If some college does not accept EAD, then what is the alternative - like pending adjustment of status etc. Or in that case education is not possible.
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Friend of mine did every thing possible to convince the college to accept his son to study with EAD and they insist not to accept him. Finally he convince the employer to switch him back to H1 and ultimately his son will be H4 again (strangely this college accept H4). While he is in the middle of the process he got his green card along with his son. Just check with the place first and see what they accept and your preference (GC vs. study) and jeopardize one of them if there is confliction
 
For the first question, its not taking leave from work (as inferred by mmed) , but to quit the job for 2-3 months and then find a new job. In that case, will the person be in legal status during that time as pending AOS applicant?

For the third question, if the college doesn't accept EAD, can the person study as pending AOS applicant?
 
gc5099 said:
For the first question, its not taking leave from work (as inferred by mmed) , but to quit the job for 2-3 months and then find a new job. In that case, will the person be in legal status during that time as pending AOS applicant?

For the third question, if the college doesn't accept EAD, can the person study as pending AOS applicant?
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Pending I-485 by itself will put the person in legal stay with or without job.
For AOS as I said, it depends on the place you are going to study in, some places accept AOS, many others refuse that and insist to have a GC or visa. so check with the place you are going to apply. Many institutes are hesitant to accept students with AOS because of many previuos experiences with students who had problems in their pending I-485 in the middle of semisters. and actually, to the best of my knowledge, there is no law or regulations for these institutes to accept students with AOS or even american citizens and immigration status is an internal regulation which differ from place to place.
 
nj_skm said:
Is this guaranteed any where legally?
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If one's legally present in the US as an adjustee, I don't see what basis the school has to deny one admission solely on the basis of immigration status. That's a clear civil rights violation right there.

You might even get free tuition for a while as a settlement.
 
Ok one more thing is not clear. It seems one can go back to H from EAD any time, but will that be a H1 transfer or a new H1 application and fall under quota? This is because when filing H1 transfer, the USCIS will expects last pay stubs and continuation of job etc.
 
Same question also applies if the person leaves the job on H1, and comes on pending AOS for few months and then find a new job. Can that person go back on H1 using H1 transfer or will that be new H1?
 
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