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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #1 (permalink)  
Old 01-24-2008, 12:41 AM
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Divine is on a distinguished road
Default Can I stop working ??

OK here's a new one...

I am on advance parole working with my employer on H1 (same one that filed labor). I have not applied for my EAD Card yet as the attorney said that its better to just continue on the H1.

Now, my husband is accepting a position in another city (he'll be on EAD). I will be moving with him. Changing jobs is not a problem because by the time we move it would have been over 6-7 months from the time I got approval notice. But I would like to know if I can be unemployed for a few months after I relocate. Reason being that we will be having a baby at the same time. I will not get new job being 8 months pregnant. Staying with the same company and going on maternity leave/ diability is not an option as in that case my husband and I would then be in two different cities and I would ideally not like to go that route.

So to summarize can I be unemployed (or somehting else?) while on EAD with the above situation.? I can file for EAD if that helps but will this create any future issues?

Thanks for your input.

Last edited by Divine; 01-24-2008 at 12:47 AM.
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  #2 (permalink)  
Old 01-24-2008, 01:17 AM
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buehler will become famous soon enough
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If you go on maternity leave or disability, there is no law that states that you will have to be in the same city as your employer. I think there is also some law called "Family and Medical Leave Act", that allows you to take an additional 3 months of unpaid leave. More info here - http://en.wikipedia.org/wiki/Family_...ve_Act_of_1993
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  #3 (permalink)  
Old 01-28-2008, 06:19 PM
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ingenix will become famous soon enough
Default

OK here's a new one...

I am on advance parole working with my employer on H1 (same one that filed labor). I have not applied for my EAD Card yet as the attorney said that its better to just continue on the H1.

YOUR STATUS IS I485 PENDING AND H1 CURRENTLY(DUAL STATUS).
AP IS ONLY FOR TRAVEL.

Now, my husband is accepting a position in another city (he'll be on EAD). I will be moving with him. Changing jobs is not a problem because by the time we move it would have been over 6-7 months from the time I got approval notice. But I would like to know if I can be unemployed for a few months after I relocate. Reason being that we will be having a baby at the same time. I will not get new job being 8 months pregnant. Staying with the same company and going on maternity leave/ diability is not an option as in that case my husband and I would then be in two different cities and I would ideally not like to go that route.

So to summarize can I be unemployed (or somehting else?) while on EAD with the above situation.? I can file for EAD if that helps but will this create any future issues?

U JUST HAVE CAN STOP WORKING AND BE IN STATUS ON I485 PENDING.
U DON'T EVEN NEED ANYTHING TO STOP WORKING- BECAUSE UR STATUS IS I485 PENDING.
U NEED EAD TO WORK AND IS NOT CONNECTED TO UR STATUS.

WHEN U STOP WORKING U GIVE UP YOUR H1 - SO U CANNOT COME BACK TO H1 AFTER UR ABSENCE. THAT IS ILLEGAL . U HAVE TO BE PAID ON H1 ALL TIMES.

I HAVE CONFIRMED ALL OF THE ABOVE WITH ATTORNEYS.


Thanks for your input.
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  #4 (permalink)  
Old 01-28-2008, 06:21 PM
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ingenix will become famous soon enough
Default

To Be Sure - Talk To Murthy Or Rajiv Khanna - And Get Ur Doubts Cleared.
Takes Only $100


And Post Ur Conclusion Here After Consultation With Murty :d
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  #5 (permalink)  
Old 01-28-2008, 06:25 PM
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manderson is just really nice manderson is just really nice manderson is just really nice manderson is just really nice
Default

right. so the way to avoid 'paid at all times on H1' probkem is to go on to EAD then quit. also u may want to quit after the 180 day period from 485 RD (to be safe from employer scare tactics with 140 [i assume ur 140 is approved], so that u can invoke AC21 with a new employer if needed...).

also pls consult with a real laywer.


Quote:
Originally Posted by ingenix View Post
OK here's a new one...

I am on advance parole working with my employer on H1 (same one that filed labor). I have not applied for my EAD Card yet as the attorney said that its better to just continue on the H1.

YOUR STATUS IS I485 PENDING AND H1 CURRENTLY(DUAL STATUS).
AP IS ONLY FOR TRAVEL.

Now, my husband is accepting a position in another city (he'll be on EAD). I will be moving with him. Changing jobs is not a problem because by the time we move it would have been over 6-7 months from the time I got approval notice. But I would like to know if I can be unemployed for a few months after I relocate. Reason being that we will be having a baby at the same time. I will not get new job being 8 months pregnant. Staying with the same company and going on maternity leave/ diability is not an option as in that case my husband and I would then be in two different cities and I would ideally not like to go that route.

So to summarize can I be unemployed (or somehting else?) while on EAD with the above situation.? I can file for EAD if that helps but will this create any future issues?

U JUST HAVE CAN STOP WORKING AND BE IN STATUS ON I485 PENDING.
U DON'T EVEN NEED ANYTHING TO STOP WORKING- BECAUSE UR STATUS IS I485 PENDING.
U NEED EAD TO WORK AND IS NOT CONNECTED TO UR STATUS.

WHEN U STOP WORKING U GIVE UP YOUR H1 - SO U CANNOT COME BACK TO H1 AFTER UR ABSENCE. THAT IS ILLEGAL . U HAVE TO BE PAID ON H1 ALL TIMES.

I HAVE CONFIRMED ALL OF THE ABOVE WITH ATTORNEYS.


Thanks for your input.
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  #6 (permalink)  
Old 01-28-2008, 06:26 PM
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Not sure if I am helping your situation -> On H-1 you can take maternity leave, you can go on leave without pay for long time without any issue. There is only one rule that you have to keep in mind - Employee employer relationship must remain there.
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  #7 (permalink)  
Old 01-28-2008, 06:38 PM
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gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute gc_check has a reputation beyond repute
Default

Quote:
Originally Posted by Divine View Post
OK here's a new one...

I am on advance parole working with my employer on H1 (same one that filed labor). I have not applied for my EAD Card yet as the attorney said that its better to just continue on the H1.

Now, my husband is accepting a position in another city (he'll be on EAD). I will be moving with him. Changing jobs is not a problem because by the time we move it would have been over 6-7 months from the time I got approval notice. But I would like to know if I can be unemployed for a few months after I relocate. Reason being that we will be having a baby at the same time. I will not get new job being 8 months pregnant. Staying with the same company and going on maternity leave/ diability is not an option as in that case my husband and I would then be in two different cities and I would ideally not like to go that route.

So to summarize can I be unemployed (or somehting else?) while on EAD with the above situation.? I can file for EAD if that helps but will this create any future issues?

Thanks for your input.
Since you are the primary applicant, not a good idea to leave the job, unless you have one. Go ahead and apply for EAD now, You should get it in about 90 days. Meantime take family leave or leave without pay, After you find another job in new city, you can u s AC21 and work for the new employer using your EAD. I personally feel, not a good idea to be not employer while 485 is pending, although GC is for future job, If you employer will support you, if any quereis, then you should be ok.
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  #8 (permalink)  
Old 01-28-2008, 06:45 PM
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ingenix will become famous soon enough
Default

My point is different.

SHE CAN LEAVE HER JOB RIGHT NOW - NO NEED for EAD.

Here is the relationship
I485 --> STATUS
EAD - Work authorization
AP - Travel.

So she just quits her job on H1 and she comes to I485 pending status
She does not have to wait for EAD nor convert to H4 (after applying for I485) to be in status.

Confirmed with my HR (Fortune 500 company) and confirmed with Murthy.
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  #9 (permalink)  
Old 01-28-2008, 06:50 PM
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ingenix will become famous soon enough
Default

GC_CHECK is correct -

I apologies - i thought u were the beneficiary(secondary)
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