Tricky EAD Ques

[neil123]

Hello,
Please advice :

1. Incase one is out of job before 91 days (of filing 485) can he still get Interim-EAD (do they ask as-of-date emplyoment verification)

2. Once a person joins a company in EAD, later on can they start his H1 (as EAD/AP has their own problem). Also what if by that time his I-94 expires (3 yr h1, exipiring soon) and I think for filing H1 from US valid I-94 is must.... OR is it NOT possible to move to H1 from EAD/AOS status?

Answers on above questions will help me like anything.

 

[jaxen]

answers in archives...

However here they are again
1. No employment verification is asked for at the time of application for EAD or issue of interim EAD.

2. Normally the H1 application should have been filed before h1 expiry. But some lawyers have argued that since EAD is also an valid employment authorization, as long as the employer involved is the same, one can go back to h1 "retroactively" . U need to talk to a lawyer about this.

BTW, What Problem with EAD/AP? There is none. If you are in 485 stage and you do not have any prior possible out of status issues EAD and AP are the safest havens... My Opinion.