Clarification needed on EAD/AP

[alluvignesh]

hi

I need some clarification regarding EAD and AP.

My H1B is getting expired on Sep 30, 2007 and i got my H1B extension petition approved today. I am filing my I-485, do i need to apply for EAD and AP as well with I- 485?

Please let me know

Thanks in advance

[floydtrivia]

You don't need AP & EAD as long as you have valid H1B. When you get your H1B approval, they also give you a new I94.

I was in the same situation last year but I still applied just for AP & EAD to have some flexibility.

There is no harm in filing AP & EAD but keep in mind about the fee and headaches involved in yearly renewals.

My lawyer adviced me to file AP though last year since he said that its easy to enter United States through parole than through H1B...what he meant was "no questions asked" if you enter U.S. through Parole.

The bottomline is You can file for AP & EAD if you can afford it. I would like to make a disclaimer that I am not an attorney. I am just suggesting from my previous experience.

[floydtrivia]

I forgot to mention. EAD also allows you to stay & work for other employers incase your job gets terminated for some reason. Its good & nice to file for EAD & AP.

But regardless of whether you are filing for your EAD/AP, I strongly suggest that you keep H1B valid as long as you can. I didn't ask my employer to transfer my H1B and I am suffering now since my EAD renewal is delayed.

[alluvignesh]

floydtrivia, thanks so much for the clarification!