use EAD and renew H1 as backup

T

telugu

New Member
My H1 expires on 30th Sep this year. I applied for EAD and H1 Renewal. I received my EAD valid for 2 years but my H1 is still pending, its been more than 3 months. I am not moving jobs and I'll be with my employer.
My question is, can I switch to using my EAD? I've been on H1 only for 3 years, it is my first extension. Can I switch back to H1 anytime before it expires, anytime in the next 3 years? Or is there a timeline within which I'll have to re-instate my H1?
I applied for H1 renewal as a backup just in case anything happens to my 485 then I'll have something to fall back on. I was thinking about continuing on EAD till I'll have to look for backup option. would that work?


Thanks for ur response.
 
telugu said:
My H1 expires on 30th Sep this year. I applied for EAD and H1 Renewal. I received my EAD valid for 2 years but my H1 is still pending, its been more than 3 months. I am not moving jobs and I'll be with my employer.
My question is, can I switch to using my EAD? I've been on H1 only for 3 years, it is my first extension. Can I switch back to H1 anytime before it expires, anytime in the next 3 years? Or is there a timeline within which I'll have to re-instate my H1?
I applied for H1 renewal as a backup just in case anything happens to my 485 then I'll have something to fall back on. I was thinking about continuing on EAD till I'll have to look for backup option. would that work?


Thanks for ur response.
Click to expand...

by applying for extension of H, you are good and even if your H expires before approval of the extension, you are still H with no problem.
If you use your EAD, you will abort your H and to reinstate the H, you have to go outside the US and re-enter with new I-94 to be H again.
It is up to you, if you want to use EA, forget the H, even if it is approved later on
 
Thanks for ur response. Just a clarification, if I move onto using EAD now, I can continue on EAD even after my H1 is approved and if my 485 gets rejected after 2 years, can I then go out of US, get H1 stamped and re-instate H1 as I should have 1 yr on my H1 at that time?
 
telugu said:
Thanks for ur response. Just a clarification, if I move onto using EAD now, I can continue on EAD even after my H1 is approved and if my 485 gets rejected after 2 years, can I then go out of US, get H1 stamped and re-instate H1 as I should have 1 yr on my H1 at that time?
Click to expand...

Yes you can do that and actually all the time you spent working with the EAD will not be counted toward your 6 year maximum of H. For example if you used your H for 3 years then you used the EAD, the clock of the H will stop (even if your extension approved) till you go outside and reenter back on H, the clock will start ticking again from that day of reentry.
 
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