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themember

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If someone looses h1b job, but has EAD from NIW available. the NIW EAD has not been used previously and the person has maintained H1b status along.

in that case if the H1b job disappears, what happens to the legal status of the person. does he/she automatically go on EAD. what if there is a time gap in finding a new job. what will be the person's legal status. EAD? can one be looking for a job on EAD?

Thanks.
 
You are OK

I485 pending IS a status.
You are safe as long as you adhere to the terms of your NIW140 petition on which your 485 is based ie presuming you have a physician NIW based on commitment to a 5 yr service in HPSA within a 6yr period, that you continue to keep within those parameters, you are fine. The next job you get should be in EAD/AP status to reflect that.
This is my understanding of this issue based on my conversations with my lawyer.
 
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EAd as a temp. measure

Thanks posmd.

In this case if I do get a new job on EAD and a few months down the road if I find a job on H1b, can I go back to H1b status or visa?
I have heard that if i get a new H1b job even if there is a gap of a few months between the last H1b job and the new H1b job ( and i was working on EAD in the intervening time period), i can revert to the H1b status by going outside the country and getting a stamp on my passport for H1b.

In other words my question is that is it possible to use EAD just for the short term and later revert to h1b status should the opportunity present itself.
 
Using the EAD

From what I have heard it that -- so long the person with pending I-485 doesnt use his EAD he techinically is in H1B status. But once you have used the EAD then the H1B status is not there anymore. I am not sure how the leaving the country, getting another H1B, stamping etc works.

But you can keep working on EAD (renewing it yearly) with pending I-485 and not worry about another H1B. Just continue to work for 5 years in 6 years period etc. Get a record of working for the past employer. I am not sure for new location if you will need another I-140. Hadron can suggest you more.
 
There is actually no use in applying for an EAD along with the NIW during the first 3 years of waiver employment. You can't use it anyway, and $175 is money.

The pending I485 is what gives you a legal status (adjustee). But I don't know what the workings of H1b-->adjustee-->H1b status are if you loose you job.
 
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Why are you so keen on maintaining H1b status? Just curious.
Once you are in legal status why bother with the added expense?
 
well one of the things which everyone says to be careful is to stay on H1 B for the first three years of waiver, so if u are beyond 3 years u are good on EAD
 
thanks for all the replies

the reasons for maintaining h1b

what if the i 485 gets denied eventually, if i had maintained h1b, i will still be in status. with a pending i 140, h1b can be extended indefinitely

the other is benefits in scenarios involving bringing a spouse from overseas to the US, with gc/ead the waits are long, not so with h1b. actually i am not 100% if the waits for bringing a spouse to the US are as long as in EAD people compared to GC folks

an employer may be more apt to apply for Labor cert related GC for me if i am in h1b job with him/her. if i am already on EAD, it may change things...
 
themember said:
thanks for all the replies

the reasons for maintaining h1b

what if the i 485 gets denied eventually, if i had maintained h1b, i will still be in status. with a pending i 140, h1b can be extended indefinitely

the other is benefits in scenarios involving bringing a spouse from overseas to the US, with gc/ead the waits are long, not so with h1b. actually i am not 100% if the waits for bringing a spouse to the US are as long as in EAD people compared to GC folks

an employer may be more apt to apply for Labor cert related GC for me if i am in h1b job with him/her. if i am already on EAD, it may change things...
Click to expand...


As I understand it, if your 485 gets denied then they will likely cancel your 140 also. At that stage if you have used up your 6 yr time limit on H1b then you can't extend the H1b anyway, unless you have another Lc based 140 petition either pending or approved.

Regarding the spouse part, I guess you spouse can join you in H4 status easily if you are on H1b, but if your priority date is current, he/she could also file a 485 and get the derivative benefits, the H1b would only matter if you filed the 485 then became retrogressed.

An employer will file a LC if they want and they will refuse to if they do not want. I doubt it matters what status you are in to them. In fact having gone through the paperwork/espense once for the H1b, sometimes they get tired af all the paperwork, on EAD they maybe likely to do you the favor once...if they like you.

In all honesty, I doubt you can save any time with a LC based petition if you are say 3 yrs into your NIW at this time, the logistics of each petition getting approved and the priority dates getting current.....................it seems far more likely the clock on the NIW will wind down faster.

These are just my views, of course you may have very good reasons for doing what you are doing. Best of luck.
 
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posmd said:
As I understand it, if your 485 gets denied then they will likely cancel your 140 also. At that stage if you have used up your 6 yr time limit on H1b then you can't extend the H1b anyway, unless you have another Lc based 140 petition either pending or approved.

Regarding the spouse part, I guess you spouse can join you in H4 status easily if you are on H1b, but if your priority date is current, he/she could also file a 485 and get the derivative benefits, the H1b would only matter if you filed the 485 then became retrogressed.

An employer will file a LC if they want and they will refuse to if they do not want. I doubt it matters what status you are in to them. In fact having gone through the paperwork/espense once for the H1b, sometimes they get tired af all the paperwork, on EAD they maybe likely to do you the favor once...if they like you.

In all honesty, I doubt you can save any time with a LC based petition if you are say 3 yrs into your NIW at this time, the logistics of each petition getting approved and the priority dates getting current.....................it seems far more likely the clock on the NIW will wind down faster.

These are just my views, of course you may have very good reasons for doing what you are doing. Best of luck.
Click to expand...

Yea i was thinking of doing another LC based I 140 to keep the h1b alive. the dates for the retrogressed country that i am from seemed to be advancing fairly rapidly but now have hit a roadblock at 2003.

with the unpredictable results of immigration efforts from applicants, who knows whats gonna happen in the future. the dates may advance rapidly and become current for the visa GC numbers. With PERM and premium processing of I 140, I 140 can be approved in prolly (LC related) 6 months or less, and then one can wait for the visa (GC) numbers to become current and have that option open as well. What do people think of that idea.
 
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