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zyx2002

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Hi,

I am EB3 priority date September 2001, I485 receipt date Jan 2004(havent got approval yet). I got my 2nd EAD approval(valid till Feb 2006). My 8th year H1 extension is in progress.

I am inviting my parents to visit me.

If I send them approval notice of I140, receipt notice of I485 and copy of my EAD card will that be sufficient. Or should I wait to get my h1 approval and send it. The h1 stamp in my passport has expired. Currently I am working on h1(havent switched to EAD).

Please let me know your esteemed opinion.

Thanking in advance.
 
Alex1683 said:
I'm curious, why do you need both H1 and EAD at the same time? To spend more money?
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Nobody wants EAD and H1 at the same time just so that they can spend money. There are like billion other places to spend money.

Anyway the reason why anybody would have H1 and EAD at the same time is for the flexibility to switch to EAD any moment they want.

e.g. H1 company fires you.
You are tempted to take a great job offer with excellent benefits and pay.

and other reasons.

Whatever the reason maybe, you dont want to wait for several months to get EAD approved.
 
Whether you want to spend money or not, the attorney wants to make some by filing H1B extension as well as EAD. ..that is how my employer works (whatever Attorney says; do not care as long as I get them)
 
And what's wrong with working for the same "H1 company" on EAD basis after 6 years of H1?
Maybe I'm missing something but I always thought that since you filed I-485 and got your first EAD/AD there is no need to maintain your H1 status. Correct me if I'm wrong.
 
Alex1683
It "might" be better to work on H1 as much as possible and keep renewing EAD and H1 (H1 even on that of same company that filed your I-485 or a different company (AC21 switch case)) becuase if your I-485 gets denied, you are not immediatly out of status (you are on H1. Ofcourse you will get some time to file MTR and have some grace period, but some Denials say they cannot be appealed etc.).
 
stinger said:
Alex1683
..... becuase if your I-485 gets denied, you are not immediatly out of status (you are on H1. Ofcourse you will get some time to file MTR and have some grace period, but some Denials say they cannot be appealed etc.).
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In this case, when someone has already exhausted the 6 years, and the 8th year H1-B itself is based on a pending Residency application, wouldn't the H1 become invalid if the 485 is denied? Maybe, I did not understand it the right way?

Would appreciate your comments..

Thanks for your time,
V!
 
gc4us said:
In this case, when someone has already exhausted the 6 years, and the 8th year H1-B itself is based on a pending Residency application, wouldn't the H1 become invalid if the 485 is denied? Maybe, I did not understand it the right way?

Would appreciate your comments..

Thanks for your time,
V!
Click to expand...
My understanding is - the H1 will still remain valid for the approved period of one year, even if 485 is denied.
Cheers!
 
Nobody seems to have replied to the original question !

zyx2002,
I would wait for the H1 extension to come through. Somehow its easier to explain your H1 status than 'working on EAD with AOS pending status'.

Regarding the discussion about H1. I feel its alwasys a wise idea to mainatin H1 status throught the adjustment period. The simple reason is H1 gives you status to stay and work even if 485 gets denied. If you are on EAD, then you immidiatly lose your status to work and stay. Ofcourse MTR etc. do gove you time, but why go through the hassel when you have the option of maintaing H1. Also keeping valid EAD gives you the option of finding new job quickly, if you lose your job. Also, once H1 is approved it is valid for the period stated. It does not matter if it is 7th, 8th, 9th year extension and even if the 485 gets denied.
 
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