Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > Work/Travel options after 485 : H1 Versus EAD/AP
Click to log in with Facebook
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.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 02-29-2008, 11:11 AM
Junior Member
Priority Date
:
Jun-04
Category
:
EB3
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 3
The hope is on a distinguished road
Default EAD to H4

I really appreciate if someone can help in answering some of these questions.

My wife is on H1B and will be leaving her job tomorrow. She has EAD/AP. My I-140 SUB is pending(7/1/07 NSC).

- She will be on EAD from march 08
- If needed can she go back to H1 or H4 in future?
- If I-140 is not approved for some reason, can she apply for Change of status(H4) based on my H1?


any suggestions?
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 02-29-2008, 11:59 AM
Senior Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
02/07/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/31/2007
Compare
Join Date: Jan 2007
Posts: 182
Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future Jerrome has a brilliant future
Default

How are you saying she will be in EAD from March 08th onwards. Is she planning to use EAD with some other employer. If not then she will be still in H1.

I guess you can apply change of status now itself to H4, why you have to wait till your 140 decision. She can be in H4 and at the same time use the EAD.

I assume H4 is dual intent like H1.

Last edited by Jerrome; 02-29-2008 at 12:06 PM.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 02-29-2008, 12:19 PM
Senior Member
Priority Date
:
Jun-04
Category
:
EB2
I140 Mailed Date
:
09/02/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 300
ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of
Default As long as you maintained your H1

Quote:
Originally Posted by The hope View Post
I really appreciate if someone can help in answering some of these questions.

My wife is on H1B and will be leaving her job tomorrow. She has EAD/AP. My I-140 SUB is pending(7/1/07 NSC).

- She will be on EAD from march 08
- If needed can she go back to H1 or H4 in future?
- If I-140 is not approved for some reason, can she apply for Change of status(H4) based on my H1?


any suggestions?
She'll be fine and can switch to EAD/H4 anytime... H4 in her case would be a new app... So check with lawyer on timelines... of approval/stay legalities...
__________________
PD Jun 2004, RD Jul 2 2007, Xfer to Houston July 23 2008 (EB2-I)
Contributions: Flower Campaign, $$, Letters to President...
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 02-29-2008, 01:23 PM
Junior Member
Priority Date
:
Jun-04
Category
:
EB3
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 3
The hope is on a distinguished road
Default

Thanks for the response...

She will be traveling to India using AP first week of march so we dont have time for H1 to H4 COS at this time....which i guess will make her EAD active (Status will be AOS).

Once there is lapse in H visa, my employer indicates that she cannot go back to H status without leaving US.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 02-29-2008, 03:18 PM
Senior Member
Priority Date
:
Jun-04
Category
:
EB2
I140 Mailed Date
:
09/02/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 300
ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of ajju has much to be proud of
Default H1/H4 and EAD don't go together...

Quote:
Originally Posted by Jerrome View Post
How are you saying she will be in EAD from March 08th onwards. Is she planning to use EAD with some other employer. If not then she will be still in H1.

I guess you can apply change of status now itself to H4, why you have to wait till your 140 decision. She can be in H4 and at the same time use the EAD.

I assume H4 is dual intent like H1.
You need to choose either one...

But since 485 is already filed... she'll be in status despite leaving H1 employer until decision is made on 140/485... To be on safe side.. You may apply H4 now.. or at the Indian embassy based on your H1.. no separate H4 application needed...

But incase the H4 staping get denied... or delayed beyond normal (had happened to lots of folks in this forum)... Its advisable to take AP along with when travelling to India...
__________________
PD Jun 2004, RD Jul 2 2007, Xfer to Houston July 23 2008 (EB2-I)
Contributions: Flower Campaign, $$, Letters to President...
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On



All times are GMT -4. The time now is 09:57 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org