when is ok to start using EAD?

[wouldliketoknow]

My H1B expires in November, EAD I-140 and I-485 pending. When I recieve EAD can I start using it? I read some other posts and I don't understand what is this talk about 180 days after filing I-485... do I have to wait a certain amout of time to use EAD? I filed in August 2004.

 

[fast_gc_seeker]

I would apply for h1B extension based on pending 485.

if u use EAD then u r no longer on h1.

Good luck

 

[wouldliketoknow]

Well, the only issue is to get EAD on time, before H1B expires. I have no problems loosing my H1B status. I actually like the idea of not being dependent on any particular employer.
Do you think they look at the expiration date of H1B when approving EAD (I mean is there a chance they are rational and actually make it happen)?

 

[fast_gc_seeker]

Well, the only issue is to get EAD on time, before H1B expires. I have no problems loosing my H1B status. I actually like the idea of not being dependent on any particular employer.
Do you think they look at the expiration date of H1B when approving EAD (I mean is there a chance they are rational and actually make it happen)?

well, using EAD looses ur H1 status. what will u do if god forbid u get
NOID? EAD approval is nothing to do with H1B expiration date.

whats ur question? please be more specific

 

[wouldliketoknow]

What I meant to ask was basically this: when I get my EAD, can I start using it right away? Employer is being a pain in the neck and it seems that EAD gives more freedom. Is it possible to do this while I-140 is still pending? I understand, that by not extending my H1-B and starign to use EAD I lose my H1-B status. People seem to be greedy and my employer is being an excellent examlpe.

 

[fast_gc_seeker]

What I meant to ask was basically this: when I get my EAD, can I start using it right away? Employer is being a pain in the neck and it seems that EAD gives more freedom. Is it possible to do this while I-140 is still pending? I understand, that by not extending my H1-B and starign to use EAD I lose my H1-B status. People seem to be greedy and my employer is being an excellent examlpe.

Using EAD can be in different situations.

1) Using EAD working for sponsoring employer,

2) using EAD and working part time while continue working for sponsoring employer

3) using EAD and working for new employer full time etc...

from what I understand case 1 can be done anytime, case 2-> I dont
have clear answer,case 3-> can be done but u can be in trouble
if sponsoring employer revokes ur approved 140[485< 180 days]. I advise against case 3 if 140 is pending[no matter what stage 485 is].

By NOT extending H1-B and using EAD u'll lose my H1-B status
and this can be HUGE problem if your 485 is denied. Its safe to be
on H1B unless until 485 > 180 days and 140 approved in which case u
can switch jobs using AC-21.

Hope above helps.

 

[wouldliketoknow]

Thank you so much for the reply. Seems to be reasonable- the parts that I understand. I don't know AC21 and the business with 180 days, but I I appreciate a lot your help on clearing this EAD/ H1B dilema. Thank you again.

 

[wouldliketoknow]

And fast gc seeker, what do you think about trasfering H1B to another employer? Is it even possible? I mean my employer is being a pain in the neck. That is why so many questions and looking for a way around it.

 

[TheRealCanadian]

And fast gc seeker, what do you think about trasfering H1B to another employer? Is it even possible? I mean my employer is being a pain in the neck. That is why so many questions and looking for a way around it.

If you leave your current employer without the I-140 being approved, he can be an even larger "pain in the neck" by withdrawing your I-140. At that point your GC process starts from square one with your new employer.

 

[fast_gc_seeker]

If you leave your current employer without the I-140 being approved, he can be an even larger "pain in the neck" by withdrawing your I-140. At that point your GC process starts from square one with your new employer.

I agree with above...

If 140 approved and 485 RD > 180 days u can switch jobs by doing
H1B transfer or use EAD, ur call.