Switch from EAD to H1B

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willgetgc2005

Registered Users (C)
Hi,

I am on H1B and have an EAD and AP as well. I am currently maintaining my H1 and am working on H1b. I am getting some good offers to work part time which will need me to use EAD. I want to maintain my H1B till i get the final GC approval. So the question is :

1)Even if i switch to EAD and continue to work for the same employer and maintain my H1b (get extensions etc), can I switch back to H1 b if need be ?

2)How do i switch from H1 to EAD. What documents are needed and who should be notifed ?

3) Once on EAD, what is the process to change from EAD TO H1B.


THANKS FOR YOUR HELP
 
willgetgc2005 said:
Hi,

I am on H1B and have an EAD and AP as well. I am currently maintaining my H1 and am working on H1b. I am getting some good offers to work part time which will need me to use EAD. I want to maintain my H1B till i get the final GC approval. So the question is :

1)Even if i switch to EAD and continue to work for the same employer and maintain my H1b (get extensions etc), can I switch back to H1 b if need be ?

If You work for the same employer & keep on getting Extension you maintain H1B status. BUT if you use EAD at the same time for other Job you violate H1B & you will be considered on "Adjustment of Status".. & will not get any H1B extensions

2)How do i switch from H1 to EAD. What documents are needed and who should be notifed ?

Just need to notify your HR & send them a copy of EAD for the file (with employment eligibility verification form)

3) Once on EAD, what is the process to change from EAD TO H1B.

If your H1B is unexpired you may try to extend it.. If its expired You cannot switch back to H1B


THANKS FOR YOUR HELP
Click to expand...
 
EAD to H4

GP111,others


Can you please advise ? My Wife is with me on H4 currently. Since she has an EAD and AP, she is planning to take up a job. Just as precaution, i want the flexibilty for her to come back to H4 if ever required (In case some thing goes wrong with GC etc)


The answers below are for the question "Can my wife maintain H4 and switch back to H4 from EAD ? Here is what I was advised.After your response to my posting, I am wondering if the advise below is valid. Can you please share your thoughts ? Thank You.


1)We can apply for the extensions for both H-1 and H-4, however if your wife using her EAD, she would not be on H-4 status even though the H-4 would be extended.

2. For your wife to switch back to H-4, she would need to travel outside the USA and she can enter back on her H-4

3. your wife can travel back on her AP and as stated earlier, for her to return to her H-4 status, she would need to reenter USA on H-4 visa.

Thank You
 
willgetgc2005 said:
GP111,others


Can you please advise ? My Wife is with me on H4 currently. Since she has an EAD and AP, she is planning to take up a job. Just as precaution, i want the flexibilty for her to come back to H4 if ever required (In case some thing goes wrong with GC etc)


The answers below are for the question "Can my wife maintain H4 and switch back to H4 from EAD ? Here is what I was advised.After your response to my posting, I am wondering if the advise below is valid. Can you please share your thoughts ? Thank You.


EAD use by H4 holder does not violate H1B/H4 status. So you can get H4 extensions while your wife working on EAD as long as you maintain your H1B. My Wife has been working on EAD for last few months & I got my recently got my H1 & her H4 extensions.

1)We can apply for the extensions for both H-1 and H-4, however if your wife using her EAD, she would not be on H-4 status even though the H-4 would be extended.

Yes, as I said above

2. For your wife to switch back to H-4, she would need to travel outside the USA and she can enter back on her H-4

No She does not need to as long as She has not used AP to enter in first case

3. your wife can travel back on her AP and as stated earlier, for her to return to her H-4 status, she would need to reenter USA on H-4 visa.

Yes, If AP is used once then Retravel OR Extension Approval is required to go back to H4

Thank You
Click to expand...
 
GP111 is wrong....

1. If Either of you use EAD then both H1 and H4 are gone and both need to maintain EAD status.

2. You cannot return to H1B after EAD... if you do so you are abondoning your GC.

3. AP can be used to exit and enter US and still be on H1B if EAD is not used.


Bottom line EAD cannot be used for one and other be on H1B/H4. Please check with a attorney... my postings are purely observational from earlier discussions...

Hope this helps.
 
CaliGC said:
1. If Either of you use EAD then both H1 and H4 are gone and both need to maintain EAD status.

NOT TRUE, my wife is using EAD & she is still in H4.. recently got H4 extension also. I never used EAD.. I am on H1 & got extension also

2. You cannot return to H1B after EAD... if you do so you are abondoning your GC.

NOT TRUE, Check Vermont I-140 Forum (C-Soft Thread) where you will see bunch of people who came back to H1B from EAD

3. AP can be used to exit and enter US and still be on H1B if EAD is not used.

TRUE

Bottom line EAD cannot be used for one and other be on H1B/H4. Please check with a attorney... my postings are purely observational from earlier discussions...

Hope this helps.
Click to expand...

Please provide links & or Further information to support your claims if you think I am wrong.
 
gp111 said:
Originally Posted by CaliGC
1. If Either of you use EAD then both H1 and H4 are gone and both need to maintain EAD status.

NOT TRUE, my wife is using EAD & she is still in H4.. recently got H4 extension also. I never used EAD.. I am on H1 & got extension also
Click to expand...

is the above statement still valid? Can i continue to maintain H1 even after my wife has switched to EAD. or do i also need to move to EAD as well?

Recently my wife has started working on EAD and i am still on H1 and dont have an EAD.
 
Yes, you can continue on H1 even after your wife started using EAD. You dont need to switch to EAD.

I am on H1 and my wife started using EAD last year.

-Srini
 
addagarla said:
Yes, you can continue on H1 even after your wife started using EAD. You dont need to switch to EAD.

I am on H1 and my wife started using EAD last year.

-Srini
Click to expand...

thanks! Srini, just confirming that my assumptions are still valid :)

Our whole life revolves around these renewals and keeping status valid.:eek:
 


Hi,
my H1 expired in 1st week of September, i got all my Receipts,FP appointment and today i got my EAD, can i get H1 extension and move on to H1 and i am also within 6 years of H1.
Regards,
R.
 
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