EAD/H1B question

[inlove200 0]

Hi,

I have a quick question. Right now I have a H1B visa. If I apply file for adjustment of status and for a EAD and down the road I am denied, what happens to my status? Since I have a job, will I have to go back to H1B? Or will I have to leave?

[bszoom42 0]

On what basis are you filing AOS? Specifically, what option will you select on form I-485 Part 2 - Application type?

http://www.uscis.gov/files/form/i-485.pdf

[inlove200 0]

I am not sure. I guess the "other basis of eligibility" option? I came in as a F1, graduated and now have a H1B status. My boyfriend and I are thinking of getting married and I was wondering if it was better for me to stay on the H1B or to file for adjustment of status and then file the I-765 to get a new EAD (I want to change job to move back with him as I had to move 5 months ago for my job). We are going to get married but I don't know if the change of status is a good idea or not or if I should find a another job where they would sponsor me for new H1B (not that easy).

Is it possible to file for the I-130 without out doing the change of status? Is there any advantage in any of the options?

[bszoom42 0]

Hmm... I think pushbrk would have the knowledge to answer your questions, if he is available.

Assuming you want to get married in the U.S.A., I think it makes sense to get married, file I-130+I-485 concurrently. In that scenario, I believe you would choose option A - "an immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)", because as a spouse of a U.S. Citizen, a visa number is readily available; and the concurrent filing should serve as proof of the I-130 being filed.

That being said; I have no real experience in any of this other then reading forums, so perhaps it would be a good idea to get a better opinion or perhaps consult an immigration lawyer.

In your first post, you were concerned about the AOS being denied. Why would you think that? If there is anything complicated, then perhaps consulting a qualified immigration attorney is a good idea. If you were just asking to understand all the possibilities, I am farly sure that once you get married and file I-130/I-485; and if they deny your AOS; you would probably need to get a good immigration lawyer at that point, but you wouldn't require a lawyer prior to that, as filing the forms is fairly simple.

Let me also add that I am unaware of any advantage to just filing the I-130. As far as I am aware; if you can file the I-130+I-485 concurrently; then it is always advantageous to do so.

[inlove200 0]

Thanks for the reply.

The reason I am talking about being denied is that I am a big worrier and therefore want to know what happen in the worse case scenario.

My problem right now is I want to move back where I used to live with him, but I need to find a job there which means having to deal with quotas for H1b, employers willing to sponsor your for the h1b.... It would be easier if I had a EAD, that way it would be easier for me to find a job so that we will be together again. But unfortunately to get the EAD I need to file I-130+ I-485 and I 765, and this is difficult since we don't live together. So it is like the chicken and the egg!

Another problem is , I have a good job and he is still a student so, it is not an option to quit my job because we can't afford it until at least he graduates and find a job.

Well I have the feeling that I am stock being far from him until he graduates, which is not soon

Thanks for the help though.

[Erin and Muraari 0]

Hello

I am currently on H1-B status here right now and we just filed for my immigration after marriage. So if you just file I-130 and I-485 you continue to remain on your H1-B status, so you can work for your employer who is SPONSORING you for the H1-B and you can travel on the H1-B without needing an AP. The instruction forms for the I-485 even say this about travel for H1-B. The problem is that if you are laid off etc. then you cannot work until you get an EAD at that point.

If you get an EAD and use it, you can now work,but you are no longer on H1-B status. The advantage is that you are free to switch employers if you want. The disadvantage is that if you travel you need an AP now since you are now no longer on an H1-B

I plan to travel quite a bit between here and Canada in the next few months and i have no plans on changing employers. So it made sense for me to stay on the H1-B.

But to answer your specific question as soon as you use an EAD or an AP (either one or both), you NO LONGER have H1-B status. This is made very clear in the immigration handbook that you can find if you search on the USCIS website. Besides many others on VJ have gone through this same process, most notably Dr_LHA who is no longer on the forum. So if your application is denied for some reason you cannot fall back on the H1-B

If you have plenty of evidence your marriage was not for immigration purposes I would think its a safe bet you will be approved. So I would go ahead and file the I-130 and I-485. And if you are somewhat paranoid or if you want to switch employers then get the EAD and perhaps AP as well. I personally might find a new employer who will sponsor you for an H1-B and just switch over your H1- to work for that employer

Hope this helps

Muraari

Thanks for the reply.

The reason I am talking about being denied is that I am a big worrier and therefore want to know what happen in the worse case scenario.

My problem right now is I want to move back where I used to live with him, but I need to find a job there which means having to deal with quotas for H1b, employers willing to sponsor your for the h1b.... It would be easier if I had a EAD, that way it would be easier for me to find a job so that we will be together again. But unfortunately to get the EAD I need to file I-130+ I-485 and I 765, and this is difficult since we don't live together. So it is like the chicken and the egg!

Another problem is , I have a good job and he is still a student so, it is not an option to quit my job because we can't afford it until at least he graduates and find a job.

Well I have the feeling that I am stock being far from him until he graduates, which is not soon

Thanks for the help though.

[inlove200 0]

Thanks!

Why do you think it would be better to find the new employer before swithching over for the EAD? With the quotas fot h1b now it makes it generally harder to find a employer. Wll maybe I don't know what I am talking about (would not be surprising

Edited September 9, 2007 by alizes

[Erin and Muraari 0]

You know that your existing H1-B can be transfered to another employer right? This can be done as long as you are in a valid H1-B status. So your new employer only has to be willing to spend the money to do the papework for the transfer. You are not subject to the quota, as it is just a transfer.

I am just saying you can switch employers without needing an EAD as long as the new one is willing to sponsor you. The quotas will not apply to you unless you quit first i.e. you are no longer in H1-B status.

Muraari

Thanks!

Why do you think it would be better to find the new employer before swithching over for the EAD? With the quotas fot h1b now it makes it generally harder to find a employer. Wll maybe I don't know what I am talking about (would not be surprising

[inlove200 0]

Are you guys sure? I was told that if I were to change job I would have to go to the whole process, that is was only valid for one employer. Plus my case is different as my H1B is for academic institute and I was thinking of maybe broaden my search to have more chance of finding a job which would mean that if it is a private company my h1b would not be valid.

[celikkanat 0]

Are you guys sure? I was told that if I were to change job I would have to go to the whole process, that is was only valid for one employer. Plus my case is different as my H1B is for academic institute and I was thinking of maybe broaden my search to have more chance of finding a job which would mean that if it is a private company my h1b would not be valid.

Hi Alize,

I came here with an F-1, then found a job, and got my H-1B. Then I applied EAD and AOS while working with my H-1B visa, and I got my EAD. Once you got your EAD, you can still keep your job with your H-1B, if you want to change your job, you can use your EAD and start working for the new company/school etc.. Somehow if your EAD is denied, you can still work at your current job. By the way I am working in an academic job too.

Kaan

[Erin and Muraari 0]

Hi

Thats kind of what I was suggesting too, is that if you think there is a possibility you want to change jobs nad you have the money get the EAD. Only thing is if you do get the EAD and plan to travel you will need the AP as well.

Also to answer the other question you had earlier, if your petition is denied for some reason as you were saying............ then you no longer have the protection of the H1B status once you use the EAD or AP.

Muraari

Are you guys sure? I was told that if I were to change job I would have to go to the whole process, that is was only valid for one employer. Plus my case is different as my H1B is for academic institute and I was thinking of maybe broaden my search to have more chance of finding a job which would mean that if it is a private company my h1b would not be valid.

Hi Alize,

I came here with an F-1, then found a job, and got my H-1B. Then I applied EAD and AOS while working with my H-1B visa, and I got my EAD. Once you got your EAD, you can still keep your job with your H-1B, if you want to change your job, you can use your EAD and start working for the new company/school etc.. Somehow if your EAD is denied, you can still work at your current job. By the way I am working in an academic job too.

Kaan

Yes the academic H1B's are not subject to quota while the industrial ones are. So no you cant transfer

Are you guys sure? I was told that if I were to change job I would have to go to the whole process, that is was only valid for one employer. Plus my case is different as my H1B is for academic institute and I was thinking of maybe broaden my search to have more chance of finding a job which would mean that if it is a private company my h1b would not be valid.

[inlove200 0]

I came here with an F-1, then found a job, and got my H-1B. Then I applied EAD and AOS while working with my H-1B visa, and I got my EAD. Once you got your EAD, you can still keep your job with your H-1B, if you want to change your job, you can use your EAD and start working for the new company/school etc.

Does it mean that I can apply for the EAD but as long as I don't use it, I will still be under the H1B in case I am denied?

I know it is stupid to worry about denial, but I heard so many crazy stories that I am scared.

Edited September 10, 2007 by alizes

[Erin and Muraari 0]

Yup. You can get it, as long as you dont use it (i.e. give it to your employer as your new work authorization), or use the EAD or an AP as your reason for entering the United States, you are fine and stay on the H1-B status

Muraari

I came here with an F-1, then found a job, and got my H-1B. Then I applied EAD and AOS while working with my H-1B visa, and I got my EAD. Once you got your EAD, you can still keep your job with your H-1B, if you want to change your job, you can use your EAD and start working for the new company/school etc.

Does it mean that I can apply for the EAD but as long as I don't use it, I will still be under the H1B in case I am denied?

I know it is stupid to worry about denial, but I heard so many crazy stories that I am scared.

[Cécy 44]

You should read this: http://www.visajourney.com/forums/index.ph...p;page=otheraos

[inlove200 0]

Thanks!