Working on EAD or Renew H1

A

Arn

Registered Users (C)
My first H1 is going to end middle of January 2003, and I have an EAD (valid upto February, 2003) which I didn't use so far. I am working with the same employee last 3 years.
I have one of the most classical question regarding renewing my H1 or working on EAD and renew it. The way the processing is going, it might take another six to nine months to proceed my case (RD Jan, 2002). What should I do work on EAD or renew H1. Any suggestion will be highly appreciated. I want to know why it is important to have H1 after obtaining EAD.

I have one more question? The reason one try to keep his/her H1 is for any reason their GC application get rejected, GOD forbid, H1 will give the protection to stay here. If somebody is in EAD and GC application get rejected, will it be possible for him/her to switch to H1 (say within 10/15 days of GC rejection).

Looking forward to get response from gurus.
Thanks in advance.
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I am in the same boat

Here are my thoughts – usually INS does not reject CG application directly. First they will issue a REF. Even after that they issue document called “Intention to deny” and they give you some time to defend your self. My point is – when they issue REF or (God forbid) “Intention to deny” the applicant has pretty good idea if he/she can provide whatever INS requested and what the risk of rejection is. At this moment he/she can apply for a new H1-B (premium processing takes 1 month). The advantages of this strategy are:
1. You don’t waste the limited time staying on H1-B while you can use EAD.
2. You don’t know if you will have the same employer at the time H1-B is rejected. If you change the employer your visa becomes invalid anyway.
3. You save money for H1-B renewal now.
Please post your comments on this issue.
 
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