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View Full Version : To use H1-B or EAD (for my wife)


DCQC
07-20-2007, 06:14 PM
My wife (currently on H4 which is valid till october 10) has a H1-B visa approved starting October 1 this year. This month we applied for I-485 as well as EAD. Her H1-B is through a consulting company and we paid for all the expenses for H1-B processing (so no financial obligation so far).

My wife got a job recently in a reputed company and they are willing to hire as fulltime employee on EAD. they may even wait for 3-4 months for her to start. They will not hire her as consultant through the consulting company (some company policy). The pay is almost 50% higher than what the Desi company will offer (they were offering a peanut salary ) and the company and job is very good.

Now my question is can we not use the H1-B visa and wait for EAD to work in this fulltime position? Is it a reasonable thing to ask the consulting company to cancel the H1-B visa once we get the receipt for I-485, EAD etc? Since we may not get EAD before October I might have we might have to apply for her H4 extension.

I just want opinion from you folks on this current situation.

whattodo
07-20-2007, 06:50 PM
Once you apply for your I-485, you do not need to maintain non-immigrant status. So, according to me (disclaimer: I am not a lawyer), you can simply ignore H1B starting October and choose to sit at home and not work at all or work for anyone else on EAD.

My wife (currently on H4 which is valid till october 10) has a H1-B visa approved starting October 1 this year. This month we applied for I-485 as well as EAD. Her H1-B is through a consulting company and we paid for all the expenses for H1-B processing (so no financial obligation so far).

My wife got a job recently in a reputed company and they are willing to hire as fulltime employee on EAD. they may even wait for 3-4 months for her to start. They will not hire her as consultant through the consulting company (some company policy). The pay is almost 50% higher than what the Desi company will offer (they were offering a peanut salary ) and the company and job is very good.

Now my question is can we not use the H1-B visa and wait for EAD to work in this fulltime position? Is it a reasonable thing to ask the consulting company to cancel the H1-B visa once we get the receipt for I-485, EAD etc? Since we may not get EAD before October I might have we might have to apply for her H4 extension.

I just want opinion from you folks on this current situation.

Radhika
07-20-2007, 08:52 PM
My wife (currently on H4 which is valid till october 10) has a H1-B visa approved starting October 1 this year. This month we applied for I-485 as well as EAD. Her H1-B is through a consulting company and we paid for all the expenses for H1-B processing (so no financial obligation so far).

My wife got a job recently in a reputed company and they are willing to hire as fulltime employee on EAD. they may even wait for 3-4 months for her to start. They will not hire her as consultant through the consulting company (some company policy). The pay is almost 50% higher than what the Desi company will offer (they were offering a peanut salary ) and the company and job is very good.

Now my question is can we not use the H1-B visa and wait for EAD to work in this fulltime position? Is it a reasonable thing to ask the consulting company to cancel the H1-B visa once we get the receipt for I-485, EAD etc? Since we may not get EAD before October I might have we might have to apply for her H4 extension.

I just want opinion from you folks on this current situation.

I do have same question. My H1 is not yet approved. I finished my masters and waiting for my "status" H1 or EAD

tinamatthew
07-20-2007, 09:07 PM
My wife (currently on H4 which is valid till october 10) has a H1-B visa approved starting October 1 this year. This month we applied for I-485 as well as EAD. Her H1-B is through a consulting company and we paid for all the expenses for H1-B processing (so no financial obligation so far).

My wife got a job recently in a reputed company and they are willing to hire as fulltime employee on EAD. they may even wait for 3-4 months for her to start. They will not hire her as consultant through the consulting company (some company policy). The pay is almost 50% higher than what the Desi company will offer (they were offering a peanut salary ) and the company and job is very good.

Now my question is can we not use the H1-B visa and wait for EAD to work in this fulltime position? Is it a reasonable thing to ask the consulting company to cancel the H1-B visa once we get the receipt for I-485, EAD etc? Since we may not get EAD before October I might have we might have to apply for her H4 extension.

I just want opinion from you folks on this current situation.


You should have no problem with your wife working on the EAD, but is your i-140 already approved? If yes, then you have no problems whatsoever.

DCQC
07-20-2007, 11:10 PM
You should have no problem with your wife working on the EAD, but is your i-140 already approved? If yes, then you have no problems whatsoever.

Yes I-140 approved and applied $85, EAD, AP last week