PDA

View Full Version : Does EAD make H1B INVALID for same company??


das0
06-22-2007, 01:33 AM
Hi,

Can you pls help:

My wife is currently on H4.
She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.

Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.

Questions are:

1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?

2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?

I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".

Please advise and help - thanks in advance.

das0
06-22-2007, 03:09 AM
any thoughts?

ramaonline
06-22-2007, 03:27 AM
according to the current regulations
h1b is a dual intent visa - u can continue to hold h1 status even if 485 has been filed and pending
u can also file for ead and keep both h1b and EAD statuses at the same time. working on ead will not make h1 invalid.
pl confirm with ur company attny

desi3933
06-22-2007, 08:40 AM
Hi,

Can you pls help:

My wife is currently on H4.
She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.

Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.

Questions are:

1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?

2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?

I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".

Please advise and help - thanks in advance.

1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

Good Luck.

Not a legal advice.
-----------------------------------
Permanent Resident since May 2002

das0
06-22-2007, 10:30 AM
[QUOTE=desi3933]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?

2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?

3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.

SO the question is:

As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

Please advise.

desi3933
06-22-2007, 10:50 AM
[QUOTE=desi3933][COLOR="Blue"]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st


As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

Please advise.

I have answered this question in my last post (#1 in post). Here we go again --

By working on EAD she will be on AOS Pending status. In order to change to H4 back again, she needs to go out of country and re-enter US on H1 visa on or after Oct 1st.

Not a legal advice.
-----------------------------------
Permanent Resident since May 2002

a_yaja
06-22-2007, 11:04 AM
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?

2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?

3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.

SO the question is:

As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

Please advise.

My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.

You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.

das0
06-22-2007, 11:04 AM
Thanks.

In that case, she will not use the EAD and work on EAD. but wait until Oct 1, 2007 and then start on H1B only.

I was told that there is a potential worry about timeline renewal of EAD and interim EAD will be frozen until further notice?