Ead/ap

[ajNeha]

Hi,

I will be filing for my I-140/485 applications concurrently in the coming days and wanted to find out more on the advantages/disadvantages of filing EAD/AP as well, concurrently.

My husband and I are currently on H-1B (pending visa stamping). My H visa will be entering into it's 6th year end-2007.

1. Would it be advantageous to apply for EAD/AP for both my husband and I, while our H-1Bs' are still active?
2. Is it true that even with an approved EAD/AP, nothing changes UNTIL one uses it to seek new employment or travel outside of the U.S.?
3. Although very unlikely, can I change a job on H-1B transfer while EAD/AP is pending? What if my EAD/AP was to be approved - can I still change on H-1B transfer? What status would I be in then?

All thoughts will be appreciated. Thanks in advance!

[leifbooger]

1. Would it be advantageous to apply for EAD/AP for both my husband and I, while our H-1Bs' are still active?
-->If you are going to be on the H1, then it doesnt make sense to apply for EAD/AP. EAD/AP needs to be renewed every year $650 per person.

2. Is it true that even with an approved EAD/AP, nothing changes UNTIL one uses it to seek new employment or travel outside of the U.S.?
-->Yes, when you start using EAD your H1 is not valid anymore. Then you need to keep renewing EAD/AP every year (H1 can be extended for 3 years at a time)

[waitin_toolong]

3. u can change jobs through H1 transfer

[ajNeha]

Thanks for the info. The reason why we are considering EAD/AP is because my husband though a valid H-1B (cap-exempt) visa holder, has it valid only until Sept. 2007.

A.) So, can we apply for I-485/EAD/AP for him and just I-485 for me?

B.) Also, I'm interested in learning more about the advantages/disadvantages of EAD/AP over H visa? Are there any?

C.) Re: change of job, if I were to apply for EAD/AP too and let's say they are approved (but not "used") - can I still change a job as a H-1B transfer?

D.) Is H-1B transfer possible after the initial 6 years period if your I-485 with your original employer is still pending (I-140 approved with original employer)? In this case, do I have to file for a new i-485 with the new employer information?

Thanks a bunch!

[waitin_toolong]

Thanks for the info. The reason why we are considering EAD/AP is because my husband though a valid H-1B (cap-exempt) visa holder, has it valid only until Sept. 2007.

A.) So, can we apply for I-485/EAD/AP for him and just I-485 for me?
--- Yes you can do that
B.) Also, I'm interested in learning more about the advantages/disadvantages of EAD/AP over H visa? Are there any?
--- advantage if for any reason 485 gets denied you have a safe haven in H1.and also if the stamp is valid then you dont have to bother with AP to reenter

---disadvantage have to stick with H1 employer, get stamps extensions etc.
C.) Re: change of job, if I were to apply for EAD/AP too and let's say they are approved (but not "used") - can I still change a job as a H-1B transfer?
--- yes
D.) Is H-1B transfer possible after the initial 6 years period if your I-485 with your original employer is still pending (I-140 approved with original employer)? In this case, do I have to file for a new i-485 with the new employer information?
--- Extension are possible based on approved I-140 and pending I-485 does not matter which employer
Thanks a bunch!

[ajNeha]

Thanks so much "waitin_toolong" for all the invaluable insights.

Any thoughts on the likely time frame for these applications (I-140/485/EAD/AP) to be processed, if filed in July this year?

Also, for my case do you think there are other available options? I would appreciate if you could shed some light on that too. Thanks

[leifbooger]

Since the LC backlog centers have cleared all the cases, most of the EAD/AP applications may end up in the backlog centers. If that happens, then it may take a long time to get the EAD/AP and years to get the green card.

[ajNeha]

Thanks for all the help!