EAD vs H1-B

[Chandler825]

I am being advised by my lawyer to start using my EAD as my company is not going to renew our H1 visas as a cost cutting measure since I am in the I-485 (applied Nov 2001) stage. My H1 visa expires in July 02.

My question is what are the pros and cons of doing this in this uncertain economic times.

thanks

[kw177]

EAD vs H1-B

Not Legal Advice:

Travel:

If you travel after starting on your EAD you will need to take your Advance Parole Documents with you to re enter since you wont have a valid visa.

Renewal:

You need to renew your EAD and Advanced Parole annually. If you don't renew in time you will need to stop working (in order to stay in status) and resume when you get your new one.

All your H4 dependents will also need to get Advance Parole and EAD's since they will be instantly out of H4 status if you start using the EAD (They will no longer be dependents of H1 visa holder at that point since you are no longer working on your H1).

Thats about it really.

[Chandler825]

EAD vs H1-B

In case of layoff is it better to be on an H1-B or EAD?

[kw177]

EAD vs H1-B

Not Legal Advice:

If you are laid off then you can start a new job on your EAD (as long as it is valid). What you used for your previous job shouldn't matter.

As long as the INS takes longer than 180 days to adjudicate your I-485 (which they almost certainly will) you should be OK.

[tensy]

Is it correct that EAD is valid only if the original 485 application is valid? In such case, can my previous employer /law firm withdraw the AOS application after I am laid off?

Also, pl. explain the process that needs to be followed after 180 days in order to continue/complete the GC process with a new employer ( assuming my AOS application is still valid and open after 180 days).

PL. HELP.

[boardReader]

After 180 days, employer's withdrawal request will not be entertained by INS. Even otherwise the most you will get is a RFE for employment or transfer to local INS for proof of employment.

All you need is an employment offer letter from your new employer which should state that you will be employed by the new employer after the GC approval in a job that is similar to the one described in LC /I140.
Sometimes the RFE will ask for specific documents (W-2, paystub etc.). Use a lawyer if you are unsure..

[IAMINDIAN]

Hi,
Could some one guide me. I have applied for AOS for self and family members. I am on L1 and family members on L2. With AOS, we have applied for AP and EAD for all of us. I intend to change over to EAD (for all of us), once received.
Question: After 180 days, if I am laid off and I do not get a job, what is the legal status for self and the family members?

Thanks in advance,
Indian