Username123456
Registered Users (C)
HI Guys, I have got my EAD and I-140 is not approved yet.I waqnted to know if I use my EAD, Do I loose my H1?
Use of EAD
- Thread starter Username123456
- Start date
I already used my EAD my H1 expired last year dec. when i asked my attorney, he told that If you use your EAD, your H1 no longer valid. My attorney advised me like that. As long as you have valid H1 use it. Moreover you have renew EAD for every year nowdays it is taking 5 to 6 months to get the EAD. Better to use H1.
Username123456,
If you use your EAD, automatically your H1 is invalidated..Its often assumed its safer to maintain h status...morevoer you need to compelete 180 days from 485 date to invoke AC-21 and change employers using EAD..however again its safer to change after your 140 is approved, unless your employer assures you that he will not revoke the 140 and support any rfe's that may arise in future....
thanks
If you use your EAD, automatically your H1 is invalidated..Its often assumed its safer to maintain h status...morevoer you need to compelete 180 days from 485 date to invoke AC-21 and change employers using EAD..however again its safer to change after your 140 is approved, unless your employer assures you that he will not revoke the 140 and support any rfe's that may arise in future....
thanks
Username123456
Registered Users (C)
H1 & EAD
I have a valid H1 and EAD from my company. I want use my EAD to do a part time job at a different company. Is that possible?
If my 2nd company also applies for H1 (transfer), will my current H1 get invalidated? I have applied for I-140 EB1-OR which is not yet approved.
I have a valid H1 and EAD from my company. I want use my EAD to do a part time job at a different company. Is that possible?
If my 2nd company also applies for H1 (transfer), will my current H1 get invalidated? I have applied for I-140 EB1-OR which is not yet approved.
What do you guys mean by use your EAD?? Is it used to get some other part time job or what??
So when you get your EAD and your H1 is still valid you can choose not to switch to EAD... can any one elaborate..
I guess its better for the spouse to sitch to EAD if she is seeking a job.. (i guess it makes it easier.)
So when you get your EAD and your H1 is still valid you can choose not to switch to EAD... can any one elaborate..
I guess its better for the spouse to sitch to EAD if she is seeking a job.. (i guess it makes it easier.)
I'm also concerned in this. Can I switch back from EAD to H1 in future in case there is something wrong with my I-140 because I still have 5 years left on my H1. I want to work on EAD because I don't want to get the hassle again of applying for H1 if I want to change my job and employer.
al_paso,
In my case, the employer cut my salary by 18%. Lawyer told me to file H1B amendment in order to keep legal status or get interim EAD. I don't want to disclose the salary cut especially to the USCIS, so I decided to go for iEAD. Of course USCIS can issue RFE and ask W-2 and such, but I don't have to tell them now. Right? My situation may get better in the near future. This is why I want to switch to EAD while my H1B is still valid for 3years.
ALL,
I have questions regarding H1B/EAD, too. My wife is on H4. If I lose H1B, she will lose H4 automatically. What is her status after I get EAD and start working? My lawyer always tells me that using EAD and H1B status is nothing to do. On the other hand I heard many times that using EAD voids H1B status. Probably there're some conditions not mentioned by anyone.
How about these cases? Can I keep H1B status?
1) H1B -> EAD at the same employer
=> I guess no.
2) continue H1B, and get part-time at another employer on EAD
=> I guess yes.
3) quit H1B company, and get a new job using EAD
=> I guess no.
4) At the same employer, startworking on EAD, leave the US, and come back on H1B visa . (getting EAD doesn't cancel H1B visa stamp on your passport)
=> I guess yes.
In my case, the employer cut my salary by 18%. Lawyer told me to file H1B amendment in order to keep legal status or get interim EAD. I don't want to disclose the salary cut especially to the USCIS, so I decided to go for iEAD. Of course USCIS can issue RFE and ask W-2 and such, but I don't have to tell them now. Right? My situation may get better in the near future. This is why I want to switch to EAD while my H1B is still valid for 3years.
ALL,
I have questions regarding H1B/EAD, too. My wife is on H4. If I lose H1B, she will lose H4 automatically. What is her status after I get EAD and start working? My lawyer always tells me that using EAD and H1B status is nothing to do. On the other hand I heard many times that using EAD voids H1B status. Probably there're some conditions not mentioned by anyone.
How about these cases? Can I keep H1B status?
1) H1B -> EAD at the same employer
=> I guess no.
2) continue H1B, and get part-time at another employer on EAD
=> I guess yes.
3) quit H1B company, and get a new job using EAD
=> I guess no.
4) At the same employer, startworking on EAD, leave the US, and come back on H1B visa . (getting EAD doesn't cancel H1B visa stamp on your passport)
=> I guess yes.
kenboo:
Thanks for the clarification...this is a perfect example that there are no stright cut answers when it comes to immigration
. Every case is different in itself.
I still thing an LCA amendment would have been a better bet in the long run rather than renewing EAD each year and the feeling that there is no back up if anything goes wrong with GC.
I don't think you have to worry about your salary cut as long as at the time of getting the GC you are getting more or less the same salary as mentioned in the LC (not LCA). Remember GC is for future job.
Thanks for the clarification...this is a perfect example that there are no stright cut answers when it comes to immigration
. Every case is different in itself.I still thing an LCA amendment would have been a better bet in the long run rather than renewing EAD each year and the feeling that there is no back up if anything goes wrong with GC.
I don't think you have to worry about your salary cut as long as at the time of getting the GC you are getting more or less the same salary as mentioned in the LC (not LCA). Remember GC is for future job.
Hi guys,
I have a question about EAD and AP.
I am in the process of applying for I 140/485/EAD/AP for my self and my wife.
I have H1 valid till July '05 with a valid stamp. I guess for me it makes sence to stay on H1 and not uses my AP when I go out of the country. Please advice..
When I get my AO and EAD approved then does it mean that I automatically loose my H1B or this happens only when I use AP to reenter US.
My wife is also on H1 valid till mid 2006 but with no stamp (F1 to H1)
Is it possible that for her we use the EAD to change her job and go out of the country by using her AP and I stay on my H1B and not use my EAD and use my H1 to reenter US..
Is this possible??? can these two be independent..
Please advice. Thanks
I have a question about EAD and AP.
I am in the process of applying for I 140/485/EAD/AP for my self and my wife.
I have H1 valid till July '05 with a valid stamp. I guess for me it makes sence to stay on H1 and not uses my AP when I go out of the country. Please advice..
When I get my AO and EAD approved then does it mean that I automatically loose my H1B or this happens only when I use AP to reenter US.
My wife is also on H1 valid till mid 2006 but with no stamp (F1 to H1)
Is it possible that for her we use the EAD to change her job and go out of the country by using her AP and I stay on my H1B and not use my EAD and use my H1 to reenter US..
Is this possible??? can these two be independent..
Please advice. Thanks
Hi 4beegie,
I too have similar situation like you. I am the primary GC applicant. I have a H1 valid till 2006 and my wife also has a H1 from some different company till 2005. Recently we got our EADs. My wife needs to change employer. Can she go ahead and use her EAD ? I think this will invalidate her H1 visa. Is it an advisable option ?Or should she try for H1 transfer , rather than using EAD ?
I however shall continue to use my H1B-only. We still do not have the I-140 cleared, so just being cautious.If my job gets in jeopardy , would that imply that my wife's EAD is also affected ?
Please suggest anybody as we need to take a quick decision here.
Thanks A Lot !!!
I too have similar situation like you. I am the primary GC applicant. I have a H1 valid till 2006 and my wife also has a H1 from some different company till 2005. Recently we got our EADs. My wife needs to change employer. Can she go ahead and use her EAD ? I think this will invalidate her H1 visa. Is it an advisable option ?Or should she try for H1 transfer , rather than using EAD ?
I however shall continue to use my H1B-only. We still do not have the I-140 cleared, so just being cautious.If my job gets in jeopardy , would that imply that my wife's EAD is also affected ?
Please suggest anybody as we need to take a quick decision here.
Thanks A Lot !!!