EAD and H1?

[drocksters 0]

greetings!

im in search of the holy grail (I485) and I have a few questions regarding my current status. I hold both H1 and EAD (i started as H1).

I submitted my I485 and EAD application last july 07, got my fingerprinting on mid august. my EAD was approved sometime october of 2007.

anyways, right now as I await any progress my H1 expires on march 26, 2008. do I need to renew my H1 even I allready have the EAD?

thanks!

[sikora 0]

Are you adjusting based on marriage?

[drocksters 0]

no, based on employment.

i started H1B 06.

everything happend last year.

fingerprinting, EAD, and I485 (pending)

this year H1 expires march, EAD expires oct.

[sikora 0]

Well I would guess it works the same way. Once your application is submitted and begins processing you are no longer H1. You are now "pending adjustment of status" so the expiration date of your H1 will no longer be significant since the EAD is the document that now governs your ability to work.

Edited February 15, 2008 by sikora

[drocksters 0]

whats bothering me is that my lie-yer insist I should renew my H1.

[sikora 0]

whats bothering me is that my lie-yer insist I should renew my H1.

LOL @ lie-yer hmmm, can you get a free consultation with another lawyer for a second opinion?? I'm thinking that renewing would put you in the position of having 2 statuses which I doubt is even possible/ permissible. Plus, you're adjusting to permanent residence wich trumps having an H1 (legal alien allowed to work).

Look into getting a second opinion. Hopefully somoene else may have something to add.

[acouto07 0]

Lie-yer was great....

I'm actually on H1 myself and just filed for AOS....im no lawyer, but my understanding is that you can hold both statuses (AOS pending and H1) but it seems like it is unnecessary since you have your EAD that will last you until October...since you filed in August you should see your case resolved sometime in this first semester (going by the averages).....and if it isnt, you can apply to extend your EAD, correct? Do you have your AP? That would be something else to consider, bc as H1 you can leave the country and come back whenever you want...

[EstebanTrabajos 7]

I don't see why you have to renew your H1? I was on an F-1 and since I have an AOS pending, there is not need for me to renew the F1. I'm not illegally here because my status is being processed and i got an EAD, which is valid for a year

Edited February 15, 2008 by GueraYTavo

[Erin and Muraari 0]

This is blatantly untrue. There are a few exceptions to visa status when doing AOS: the H-1 and the L-1 are the two main examples. Even the instructions on the I-485 form list this. While you are waiting to get your green card, the H-1 serves as your work authorization and travel document. You dont need the EAD or AP. Now if you get an EAD and start using it (or the AP to travel), THAT is when your H1 status terminates (or ofr other reasons like no longer actively working for your sponsoring employer etc). Application for AOS does not violate your status.

Case in point: When I had my interview, my interviewer did not take my H1 I-94 from my passport, since that is necessary to continue work and travel as an H1 while I wait for my GC.

Also, having an EAD alone does not invalidate your H1. It is USING your EAD that invalidates it i.e. when you fill out an I-9 with your employer or fill USCIS forms, or do anything with SSA listing your EAD as the work auth document rather than your H1.

I applied before the fee increase, so never applied for an EAD or AP. I continued to work and travel a lot in and out of the country using my H1.

Well I would guess it works the same way. Once your application is submitted and begins processing you are no longer H1. You are now "pending adjustment of status" so the expiration date of your H1 will no longer be significant since the EAD is the document that now governs your ability to work.

[Erin and Muraari 0]

I realize I addressed the other poster's issue but not your question. The EAD is enough. The only problems I can think of are:

1) If your process takes very long for some reason you have to keep renewing your EAD. But this is rare. But can get expensive if it happens. Your H1 renewal will be good for a few years

2) The H1 allows you to both work and travel. The EAD cannot be used to travel. You have to pay extra for an AP (for this money I'd rather renew my H1)

So if these dont affect you, then forget the H1 renewal.

greetings!

im in search of the holy grail (I485) and I have a few questions regarding my current status. I hold both H1 and EAD (i started as H1).

I submitted my I485 and EAD application last july 07, got my fingerprinting on mid august. my EAD was approved sometime october of 2007.

anyways, right now as I await any progress my H1 expires on march 26, 2008. do I need to renew my H1 even I allready have the EAD?

thanks!

[drocksters 0]

thanks erin.

do i need my labor cert updated to renew my H1? my labor cert. expired last aug. 2007.

[sikora 0]

This is blatantly untrue. There are a few exceptions to visa status when doing AOS: the H-1 and the L-1 are the two main examples. Even the instructions on the I-485 form list this. While you are waiting to get your green card, the H-1 serves as your work authorization and travel document. You dont need the EAD or AP. Now if you get an EAD and start using it (or the AP to travel), THAT is when your H1 status terminates (or ofr other reasons like no longer actively working for your sponsoring employer etc). Application for AOS does not violate your status.

Case in point: When I had my interview, my interviewer did not take my H1 I-94 from my passport, since that is necessary to continue work and travel as an H1 while I wait for my GC.

Also, having an EAD alone does not invalidate your H1. It is USING your EAD that invalidates it i.e. when you fill out an I-9 with your employer or fill USCIS forms, or do anything with SSA listing your EAD as the work auth document rather than your H1.

I applied before the fee increase, so never applied for an EAD or AP. I continued to work and travel a lot in and out of the country using my H1.

Well I would guess it works the same way. Once your application is submitted and begins processing you are no longer H1. You are now "pending adjustment of status" so the expiration date of your H1 will no longer be significant since the EAD is the document that now governs your ability to work.

Thank you for clarifying.

[diadromous mermaid 36]

This is blatantly untrue. There are a few exceptions to visa status when doing AOS: the H-1 and the L-1 are the two main examples. Even the instructions on the I-485 form list this. While you are waiting to get your green card, the H-1 serves as your work authorization and travel document. You dont need the EAD or AP. Now if you get an EAD and start using it (or the AP to travel), THAT is when your H1 status terminates (or ofr other reasons like no longer actively working for your sponsoring employer etc). Application for AOS does not violate your status.

Case in point: When I had my interview, my interviewer did not take my H1 I-94 from my passport, since that is necessary to continue work and travel as an H1 while I wait for my GC.

Also, having an EAD alone does not invalidate your H1. It is USING your EAD that invalidates it i.e. when you fill out an I-9 with your employer or fill USCIS forms, or do anything with SSA listing your EAD as the work auth document rather than your H1.

I applied before the fee increase, so never applied for an EAD or AP. I continued to work and travel a lot in and out of the country using my H1.

Well I would guess it works the same way. Once your application is submitted and begins processing you are no longer H1. You are now "pending adjustment of status" so the expiration date of your H1 will no longer be significant since the EAD is the document that now governs your ability to work.

The only issue would be if AOS is denied, and the H1 is no longer in effect, alien is not in status.

[Erin and Muraari 0]

Good point! Another way the H1 "terminates" is by letting it lapse without anything else in place. But then this applied to the EAD too does it not? If the AOS is denied then he can't renew the EAD past the expiration date right?

As for your labor certification, I am not entirely sure. I did not go through the renewal process so I never researched the question.

This is blatantly untrue. There are a few exceptions to visa status when doing AOS: the H-1 and the L-1 are the two main examples. Even the instructions on the I-485 form list this. While you are waiting to get your green card, the H-1 serves as your work authorization and travel document. You dont need the EAD or AP. Now if you get an EAD and start using it (or the AP to travel), THAT is when your H1 status terminates (or ofr other reasons like no longer actively working for your sponsoring employer etc). Application for AOS does not violate your status.

Case in point: When I had my interview, my interviewer did not take my H1 I-94 from my passport, since that is necessary to continue work and travel as an H1 while I wait for my GC.

Also, having an EAD alone does not invalidate your H1. It is USING your EAD that invalidates it i.e. when you fill out an I-9 with your employer or fill USCIS forms, or do anything with SSA listing your EAD as the work auth document rather than your H1.

I applied before the fee increase, so never applied for an EAD or AP. I continued to work and travel a lot in and out of the country using my H1.

Well I would guess it works the same way. Once your application is submitted and begins processing you are no longer H1. You are now "pending adjustment of status" so the expiration date of your H1 will no longer be significant since the EAD is the document that now governs your ability to work.

The only issue would be if AOS is denied, and the H1 is no longer in effect, alien is not in status.

[drocksters 0]

if my H1 expires march 26, 2008 whats the latest day I can file? i guess i could care less if it takes months for the result to come out since i allready have an EAD.

assuming i can use the H1 to "extend" my status assuming the I485 gets denied, and maybe file an appeal.