Using EAD for AC21, but spouse's EAD not yet approved

P

pacha_card

Registered Users (C)
Hello Esteemed list,

I met the basic requirements of AC21 portability and My I-140 and EAD approved. But my husbands EAD not yet approved and to join new company I am planning to use EAD because my H1B 6 year term is expiring in June 2005. Now would this cause my husband's status go illeagal. Since I am not H1B and her H4 is not valid, is that true. But he has a valid I-94 until June 2005. Please advice me what to do. Should I accept the new job offer or not.

Thanks,
VG
 
pacha_card said:
Hello Esteemed list,

I met the basic requirements of AC21 portability and My I-140 and EAD approved. But my husbands EAD not yet approved and to join new company I am planning to use EAD because my H1B 6 year term is expiring in June 2005.
------ best option join by H1 transfer and keep good back of H1
Now would this cause my husband's status go illeagal.
----- if you(primay) use EAD he will NOT be on H4 status
Since I am not H1B and her H4 is not valid, is that true.
--true
But he has a valid I-94 until June 2005. Please advice me what to do. Should I accept the new job offer or not.
------ better join with H1 transfer if you want to change, you are also eligible for 7th year H1 extension based on pending I-485, if file for your H1 extension file spouse H4 extension also and extensin should reach USCIS Before your I-94 and your spouse I-94 gets expired
Thanks,
VG
Click to expand...
*** you can join with EAD but H1 status is good back for you
 
Last edited by a moderator:
Using EAD for AC21, but spouse's EAD not approved

Ginnu,

Thanks a lot for your reply. You are so valuable resource on this forum.
When I spoke with my new company immigration dept. what they are saying is. anyway I am almost at the end of 6 yr term, so H1B transfer is not going to be worked out as a backup option if there are any issues with the pending I-485. Do you agree with that. So they suggested me to go with EAD.

I agree what you are saying about H1B and 7th year extension, but how it is going to be a backup plan, please explain me in detail, I am little confused here. My I140 and EAD already approved.

I got an answer from other forum about husband's status, since his I-485 is pending, he will be on legal satus if I use EAD. Is that true. Please clarify.

Thanks,
VG
 
be careful

if for some reason your 485 is denied (due to revokation of 140) then both of u will be in a soup.

so, it's better to get h1 transferred and extended in yearly increments until the 485 gets approved.
 
Using EAD for AC21, but spouse's EAD not approved

You mean if I-485 is denied we will go out of status immly. If attorney applies for MTR, during that time Am I eligible to work for new employer.
 
pacha_card said:
Ginnu,

Thanks a lot for your reply. You are so valuable resource on this forum.
When I spoke with my new company immigration dept. what they are saying is. anyway I am almost at the end of 6 yr term, so H1B transfer is not going to be worked out as a backup option if there are any issues with the pending I-485. Do you agree with that. So they suggested me to go with EAD.
--- they suggested you to go by EAD becase they have to pay the fees for H1 transfer or H1 7th year extension( FYI they can file 7th year H1 extension with your I-485 pending reciept)
I agree what you are saying about H1B and 7th year extension, but how it is going to be a backup plan, please explain me in detail, I am little confused here. My I140 and EAD already approved.
--- read the post by "bhayanak"
I got an answer from other forum about husband's status, since his I-485 is pending, he will be on legal satus if I use EAD. Is that true.
--he will be AOS pending status but if I-485 gets denied due to any reason then you both will not have status. talk to your lawyer and keep back up plan(H1 status)

Please clarify.

Thanks,
VG
Click to expand...
 
I also have the same situation.
I have my 140 and EAD, and I want to change job. But, I am thinking of using EAD. 485 will take 1-2 year. I don't need to hang on with H1B till then. Also, my six years will be completed in 1 yr.
 
Using EAD for AC21, but spouse's EAD not approved

Thanks Ginnu and Bhayanak. With your advice I have spoken with my new company immigration department and they are evaluating it with one of their very experienced attorney on this and hopefully I would end up joining on H1B. On positive side they have agreed with your opinion what ever you have suggested about the H1B 7th yr extension.

I will post here my new company's decision once I hear from them.

- VG
 
pacha_card said:
Thanks Ginnu and Bhayanak. With your advice I have spoken with my new company immigration department and they are evaluating it with one of their very experienced attorney on this and hopefully I would end up joining on H1B. On positive side they have agreed with your opinion what ever you have suggested about the H1B 7th yr extension.

I will post here my new company's decision once I hear from them.

- VG
Click to expand...


I dont see any problem in working on EAD now since you are already getting closer to 6yr H1B period. Also, nowadays filing H1B is so expensive and I am sure you work for a desi employer where he would ask you to pay atleast 50%(if he is a good employer or else ask you 100%) of the H1B filing fees and you would end up paying atleast $2000 for just one year extension and I dont think its wiser to spend that amount at your final stage. There are many folks you have started working on EAD and have got their GC's approved. So dont worry about anything. Since your new employer is also going to backup, why need to worry of something that is not going to come for you.

Good Luck.. Keep me posted on your developments.
 
Hello WantGCsoon,

Fortunately I am not again in the hands of desi comapny. So the new comapny is fine doing any thing for me as long as I accept the offer. That makes me feel so good in joining that company. But I agree with other members about having a back up of H1B.

- VG
 
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