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
 
If your 485 is denied, then your EAD is invalid right away, and you will be out of status until you get a new H-1B or your 485's appeal is received by the USCIS. If your appeal was also denied, then you are out of status since the day 485 was denied.
 
Yes. I know that. And I can file a premium processing for my new H1B and get it approved soon. So I still think using EAD will have no harm but benefit of saving my unused days on my H1b.
 
Hi, Addr485

I am not sure after you use EAD and , when you re-appy for H1B, you need a brand new H1B or just an extension or update of old H1B.

If you need a brand new H1B and your new H1-B application can not get approved due to the H1B CAP issue, what can you do then?

Good luck!
 
It will be a brand new H1b. But as my old H1b had been counted in past 6 year, any new H1b under my name will not be counted under the new 65k low cap. I know that for sure. (You question was one of my old concerns before)

Thanks for your challenge on my thinking. I like it!
 
Good line of thinking,...I am also in the process of filing for my H1 7th yr extension for the 'just in case' scenario.

If your I140/485 gets denied you are immediately out of status. While premium procesing may get you an H1 quickly, my understanding is that even one day of being 'out of status' can be an adverse thing later on. What I am not sure about is how 'bad' that will be.

On the other hand, if you want to re-stamp the H1from your home country, its again the consulate's 'discretion' if thay want to give you a visa or not. Remember 'its a privelage not a right' thing? You are basically again at the mercy of the visa officer at the counter window.
 
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.
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
Click to expand...

Since you used up your 6-year limit, I don't think you can get a new H-1. You have to be outside of the States for a year, so working in the States with an EAD for 1 year will not work. Besides, if "somthing happens and cannot continue your gc process", then your EAD will be invalid as soon as your 140 or 485 is denied.
 
It will be a diffrent senerio if you have already used up your 6 years on your H1, because you have nothing to save by using EAD. I do not think there will be much diffrence of using EAD or the 7 yr of H1. Don't the 7 yr H1 because invalid immediately if your 140/485 denied? Maybe the 7 yr of H1 will give you a few month more untill the end of 7th yr?

The scenario I am discussing if that you still have a couple of years of time unused on H1 to save by using EAD.

In reply to in-gcline's comment, if my home country is Canada, then going out and re-apply for a stamp should not be a big deal, right?
 
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