To use your EAD asap or not?

A

Addr485

Registered Users (C)
I discussed this before but did not get enough feedback. Would like to hear more from gurus.

Say you concurrently filed 140/485/EAD and now EAD soon approved. The prevaling idea is to use EAD only after you reach the line of AC21 (140approved+485>6mth). And before that, it is better to keep H1b alive by not using EAD. In case you get a worst luck in you 140/485, you still have a H1b to continue work.

But now I think actually it is BETTER to use your EAD asap no matter you reach Ac21 or not. If you 140/485 get a bad luck, you can re-apply a new H1B, which would not be counted into the 65k cap each year because it had already been counted in past 6 years. And the new H1b should have the time that was not used for your old H1b in past 6 years. That is why you should you EAD asap to save unused time on H1B. You may need to go home country to get an H1b stemp for the new approval.

Now I could not see what is disadvantage of using EAD asap. Actually it saves the time remainning on your H1b for you to apply a new H1b in case you 140/485 get a worst luck. Certainly, you should consider the degree of hardship for you to get a new H1b stemp in your home country. But if there is no difficulty for you on that, I would say it is better to use your EAD as early as possible even if you have not reach the line to enjoy AC21 yet. It saves the valuable time remainning on your H1b for you to apply a new H1b in case you 140/485 get a worst luck.

If anybody sees flaw in my logic, I would like to hear your thought.

Thanks
 
Few things that might backfire with this strategy ...

(1) You cannot file for H1 yourself .... you need an employer willing to do that for you -- not sure if you can find someone easily.

(2) You'll have a finite amount of time to get back to H status ... this may/may not be sufficient see (1) -- you can always file a MOTR and stay in "legal" status

(3) As you said - the hardship of getting a stamp.

I guess finally every option has its + and - .... Its your life, choose wisely :D (like the Hertz ad)
 
To add to what max2k has said....
If you want to go back to H1 (provided you get a new employer to file H1 etc), you will have to travel outside and reenter with the new H1...which is another extra hastle.
 
Thanks,

My point here is not how hard to transfer back to H1b. What I am talking about is, in case you get the worst lucky in your 140/485 case, say even as worse as the MOTR also fails, you HAVE TO transfer back to H1b if you still want to keep yourself here (Let's assume that I have no problem to get my employer to file a new H1b for me). To save the unused H1b time for that time, you should use your EAD now asap, even before you reach the AC21 line (140approved+485>180days).

The last sentence above is key that I would like discuss and hear some challenge.
 
Addr485 said:
Thanks,

My point here is not how hard to transfer back to H1b. What I am talking about is, in case you get the worst lucky in your 140/485 case, say even as worse as the MOTR also fails, you HAVE TO transfer back to H1b if you still want to keep yourself here (Let's assume that I have no problem to get my employer to file a new H1b for me). To save the unused H1b time for that time, you should use your EAD now asap, even before you reach the AC21 line (140approved+485>180days).

The last sentence above is key that I would like discuss and hear some challenge.
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If you can be so certain about the future (that employer WILL file H1 in a timely manner etc), then technically you don't take any risk.

You can switch to EAD the minute the card arrives -- since you say that switching back to H1 is no problem for you. So you can always do it if something bad happens to your 485/

btw u need to worry about AC21 only if your current employer won't do H1 for you and you need someone else to take over the 485 (w/ EAD) ... in your case AC21 is not something that you need to worry about.
 
Thanks, Max2k1

I am sure the my employer will file an H1 for me because I am such a good and cheap labor in H1. And that is why they hint the cooperate lawyer to slow down our GC process by any means under the table.

I am just trying to figure out if there is a flaw in my thinking. And does it realy come with the un-used time to my new H1b.
 
After reading all of your posts I thought to post this question.

I am in the middle of 7 th year extension. I got my EAD. I have applied 140 and 485, 3 months ago concurrently in EB2 category.
Say, if something happens and cannot continue my gc process can I apply again for a new h1 staying in this country. If so do I get another 6 year life for that.
Or do I have to go to my home country and wait for 1 year and apply for fresh h1 of 6 years life.

Or if I switch to EAD and work on that, after one year would I be eligible to apply for fresh h1 of 6 years life staying in this country.

TIA
 
Ananya123 said:
After reading all of your posts I thought to post this question.

I am in the middle of 7 th year extension. I got my EAD.
I have applied 140 and 485, 3 months ago concurrently in EB2 category.
----- I-140 is not filed By YOU at is filed for YOu by employer, I-485 is filed by YOU
Say, if something happens and cannot continue my gc process can I apply again for a new h1 staying in this country.
----- if I-140 filed ,pending or I-485 pending then your employer can file 7th year or 8th year H1 extension, if I-140 gets denied then EAD AP I-485 all will get denied, if you consume 6 years and no petition is pending for you then you cant get NEW H1 for 6 years
If so do I get another 6 year life for that.

Or do I have to go to my home country and wait for 1 year and apply for fresh h1 of 6 years life.
---YES
Or if I switch to EAD and work on that, after one year would I be eligible to apply for fresh h1 of 6 years life staying in this country.
--NO 6 years
TIA
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