UN and Ginnu please advice.

B

baby_mde

Registered Users (C)
Hi,

I am working for a company and I am on H1-B. My 6th year is going to be completed by Dec 2005. My employer is applied LC in August 2004 and I am elebible for 7th year extetion. Under present conditions it takes few years to get GC. So I have to apply 1 year extention and spend $2000.

Mean while I got an EAD which was obtained my wife's GC process.
Now have the following question:

1. Can I use this EAD to work preset employer instead using H1B and spend $2000 every year for extention.

If answer is YES to the above question, I have the following question:

2. In future, if I am not able to use the present EAD (by any means), can I
switch to H1B and keep extending until I get GC.


Please reply..
 
baby_mde said:
Can I use this EAD to work preset employer instead using H1B and spend $2000 every year for extention.
Click to expand...

Of course. Why couldn't you?

In future, if I am not able to use the present EAD (by any means), can I switch to H1B and keep extending until I get GC.
Click to expand...

Why wouldn't you be able to use the EAD?
 
Yes - obviously you can use your EAD now.

If you want (why though ?), you can switch back to H1 later -- depending on when you do this, your H1 MAY be treated as new (meaning - quota restrictions)
 
If I apply H1 extention, in future (if required), based 1 year pending labor why would it come from new quota? Anyway I can not get new H1 until I stay out of this country for atleast 1 year.

If your are right, I might be in trouble. Assume, when I am not able to use EAD, anual quota is completed. I can not get new H1 immidiatly and I will be out of status.
 
baby_mde said:
If I apply H1 extention, in future (if required), based 1 year pending labor why would it come from new quota?
Click to expand...

It wouldn't, unless you physically leave the US for a year.

Assume, when I am not able to use EAD, anual quota is completed. I can not get new H1 immidiatly and I will be out of status.
Click to expand...

The only way you'd be unable to get an EAD and be out of status is if your I-485 was denied. At that point you might have bigger issues. I'd not worry and just go via the EAD, or do you have reason to believe your I-485 will be denied?
 
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