Switching to EAD card. How safe it is??

S

Suresh T

Registered Users (C)
I recently filed my wife\'s 485 application and have been maintianing H-1B status as I had to bring here on H-4. I received my EAD card couple months ago but have not been using it. Now that my wife\'s here and we have filed her 485 application, is it safe for me to switch to EAD card?? But what would happen to her H-4 status if I lose my H-1B status. Is AOS(Adjustment of status) considered to be a separate status in itself which means she doesn\'t need any other visa during the 485 processing.

The reason I want to do this is because I have been laid off and want to be able to take another job on EAD. Needless to mention, no one looks at your resume these days if you are on H-1B.

Any suggestions on this would be greatly appreciated.

Thank you!
 
You can switch to EAD whenever you want now. Your wife ...

would be on AOS status which is valid as long as the case is not adjudicated. You have nothing to worry about except finding another job. Wish you speedy luck with that.
Actually I am in the same boat. Not in as much as losing my job but having to use my EAD as my employer does not want to extend my H1B as I already got my EAD approved. That is their policy. My wife also has an H4 and she will just slide into AOS status the day I complete the W-9 formalities for my EAD usage. I don\'t know whether INS needs to be informed of this but I suspect not. I will talk to my employers\' legal dept and get their opinion on this. I will let you know If I find out soon enough.
 
reply

99 percent of the time it is safe and 1 percent of the time u may have problems. Take the case of kinganil
His lawyer filed the case incorrectly and was denied without chance of appeal

He had to file 485 again

I am not a lawyer and am not qualified to give u a legal opinion but if I was in your case I would try for H1 transfer and maintain status and if I were forced to use EAD would first consult a lawyer asking what happens if my case is denied (am I in status or what )

Hope this helps
 
rsrgc, If the application is denied without scope for appeal ...

you immediately fall out of status. If there is possibility of appeal you may use the time between appeal until final decision to get back into H1 status again(maybe using premium processing). I know denial is a possibility, albeit a very remote one. A person has to take the action that is most advantageous given their circumstances. Not having a job affects one\'s very survival. The risks are inherent with using EAD and need to be weighed carefully.
 
dee rod

exactly - if u r on ead and ur 485 is denied u r out of status
This is exactly whay many people are still trying to maintain H1 status. My attorney applied for H1 extension along with 485 for exactly this reason.

Now I feel that this is the reason why the candidate should try for H1 transfer and if he feels that the client does not wish to spend the money should pay the amount himself. I say this because of some stupid lawyers filing incorrectly documents.

The main section has another such case where the stupid lawyer \'***** forgot\' to respond to rfe and this is why his H1 application was abandoned.

Safety first
 
What if I do the following:

- Find the next job using EAD(because its impossible to get a job on H-1B),
- Have either the new employer file for my H-1B or I myself pay for it,
- When the H-1B comes through, I retroactively switch to the H-1B

Does anyone see a problem with that? Pls. post.

Also, I don\'t know how long will I have to sit idle after 31st march when I will officially be out of job on an EAD card. I have heard that you can search for job while not working on EAD. true??
 
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