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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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Old 02-01-2008, 12:16 AM
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parimmigv is on a distinguished road
Default Am I out of status ? Cancelled H1 on EAD

Hello,
My H1 got approved in October'07 and later I also received EAD when I applied for 485 with my spouse. I just filed for H1 cancellation and I haven't used my EAD yet. Am I out of status?

Thanks,
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  #2 (permalink)  
Old 02-01-2008, 12:21 AM
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bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts bestin is infamous around these parts
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i beleive no.U are ok
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Old 02-01-2008, 12:28 AM
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Quote:
Originally Posted by parimmigv View Post
Hello,
My H1 got approved in October'07 and later I also received EAD when I applied for 485 with my spouse. I just filed for H1 cancellation and I haven't used my EAD yet. Am I out of status?

Thanks,

Just make necessary changes on the I-9 form if you want to move to EAD
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  #4 (permalink)  
Old 02-01-2008, 01:04 AM
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Default U should be fine if -

You have filed for I-485 and you have the I-485 receipt. You are now in AOS pending (your status is AOS - Adjustment of Status pending).

I do not know why you have to cancel your H-1 - the company that holds your H-1 is responsible for cancelling it and its their prerogative.

If you are planning to use EAD or already started using your EAD, then you have to be careful and ensure that you re-apply for EAD 90 days prior to its expiry date. And should there be a time gap where you do not have the EAD card (expired) and your new EAD has not come through, you cannot be working. Its something that can be used against you.

You will need to fill up the I-9 form. If you have done it in the past, you will still need to fill up the new one and ensure you indicate your EAD status and expiry date.

Obviously, you will need AP for travel outside of the country.

Hope this helps.
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EB3 - India (PD:10/28/2003)
Receipt Date Assigned: 9/7/2007
Checks Cashed: 9/1/2007
Notice Date: 9/7/2007
EAD Approved: 9/27/2007
FP Notices Received: 9/23/07 (App. Dt 10/13/2007)
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Old 02-01-2008, 03:07 PM
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parimmigv is on a distinguished road
Default Thanks!!

Thanks all for your responses. My spouse has also checked with attorneys and they confirmed that I am on AOS status.
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