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ursosweet
07-20-2007, 02:05 PM
I have a few question regarding EAD.
i have applied for EAD with my 485 and i am currently on a valid h1b status until 2009.
So as soon as i get my EAD, do i lose my h1b status? or this will only happen when i use my EAD? And how do i use EAD?? i mean do ihave to tell USCIS that i am using the card?
i am confused, please help

rolrblade
07-20-2007, 02:38 PM
I have a few question regarding EAD.
i have applied for EAD with my 485 and i am currently on a valid h1b status until 2009.
So as soon as i get my EAD, do i lose my h1b status? or this will only happen when i use my EAD? And how do i use EAD?? i mean do ihave to tell USCIS that i am using the card?
i am confused, please help

Whoa! the question you have asked here is like reciting the Bible for you. Well, lets me try to put this as simple as I can.

An EAD is derivative benifit. What that means is that you can apply for it, but are NOT REQUIRED to use it. You can use an EAD to move to another job (after 180 days of 485 pending) if your new employer is not willing to do H1 transfer. Most attorneys recommend to move jobs after 180 days using h1 transfer.

If you transfer your job using EAD and AC21 then the USCIS automatically assumes that you have abandoned your H1. If you do not use the EAD card for anything then you have NOT abandoned your H1B.

An EAD card is like a "backup plan"

Answer your questions? If you have more questions then PM me, cause your discussion is going to open a pandora's box of already discussed topics.

japs19
07-20-2007, 02:52 PM
EAD is really a backup plan. Using EAD involves only one risk as discussed, you loose your H-1 status. God forbid for any reason you run in to any GC approval issue and want to go back to H-1B status, you will be under the quota limit which is not a pretty scene.

If you change jobs after 180 days and new employer doesn't want to sponsor any candidates and will only hire employees who do not require sponsorship, well go ahead and en cash the EAD, other then that, don't throw H-1 in trash....just yet.:)

imconfused
07-20-2007, 03:26 PM
when does the 180 day count begin?

pa_arora
07-20-2007, 05:10 PM
when does the 180 day count begin?
Posting the question again with options.

When does the 180 day count begin?

1) Date u file the EAD.
2) Date u receive the EAD.
3) Date u file ur 485(EAD and 485 can filed on different dates)

Another question..

Suppose I get and don't use the EAD. What if I don't renew the EAD, being on H1, will I be able to renew it after a GAP?

WeShallOvercome
07-20-2007, 06:42 PM
Posting the question again with options.

When does the 180 day count begin?

1) Date u file the EAD.
2) Date u receive the EAD.
3) Date u file ur 485(EAD and 485 can filed on different dates)

Another question..

Suppose I get and don't use the EAD. What if I don't renew the EAD, being on H1, will I be able to renew it after a GAP?


Your 180 day count begins with the receipt date of your I-485. Normally it should be the date USCIS receives your application, but in some cases it could be off by a few days. Your official RD should be written on your Receipt notice and that is where the count will start.

You can apply for or renew an EAD any time. Even after it has expired.

neerajkandhari
07-20-2007, 07:28 PM
I am on H1B so I will not use it,my wife is on H4 visa she will use it
Does that change my status to EAD

If I decide to change to EAD can I work with next employer accepting 10/99
Can I work with same employer accepting 10/99

Gurus Pls Advice

WeShallOvercome
07-20-2007, 08:00 PM
I am on H1B so I will not use it,my wife is on H4 visa she will use it
Does that change my status to EAD

If I decide to change to EAD can I work with next employer accepting 10/99
Can I work with same employer accepting 10/99

Gurus Pls Advice


This is very common situation. we are in the same category. I've seen people at the airport where husband (H1) goes to one line and wife who is on EAD/AP goes to another line.

That does not make your H1 invalid.
This in fact is a preferred way to go, just in case something happens to your I-485, your wife can switch to H4 immediately based on your H1.

neerajkandhari
07-20-2007, 08:14 PM
Thanks for the Reply

If someone can answer my second question

If i decide to use my EAD can I work as a contractor accepting 10/99

With the same employer or someother employer