What is best EAD or H1

[jurong]

Hi Experts

I currently posess H1B and through my spouse(USC) i am getting my ead soon.Now my h1 is expiring on July and i am expecting my ead to come in before that and i had completed my finger prints for that. I am still on bench with my h1(came to US in Dec 07) and looking for a job. My question is that if i get my ead is it better to use my ead or still i need to extend my h1. Please advise. Thanks

[PraetorianXI]

Is up to you. If you are sure you will continue through with your GC application through your spouse, then work under EAD... you will need Advance Parole to travel though.

[jurong]

Thanks

Hi Buddy

First of all thanks for the immediate response. I had applied for my advance parole as well together with my EAD and we are for sure continuing the GC Process. My one other question should i activate my ead as soon as i receive it by taking any job or i continue to search for the right one and take it. Please suggest and again thanks for your time in answering me......

[PraetorianXI]

As you wish. The EAD is valid for 1 year starting from the approval date. So it will expire eventually... but, you can search for "the right job". It is up to you, for as long as you stay in status, whether is H1 or AOS pending, you should be fine.

[jurong]

Hi Man

Thanks Thanks again. But is there anything called activation of ead as soon i get it as my h1 will expire on july and i should be activating my ead before that? Can you clarify me . Thanks again for your time and inputs.

[PraetorianXI]

There is no "Activation"... all you do is fill out an I-9 with your new employer using your EAD.

There is no USCIS verification or anything, but your status right now is a mix of H1/AOS pending... when you start using EAD it will be AOS pending and you will continue in status.

[jurong]

Thanks a lot

Hi

First of thanks a lot for all the time spent on your responses to us. As you said i am in a mix of h1b/AOS pending.

a. If i dont get my ead i know i can still continue with the status AOS pending
am i right?

b.After having my H1 Expired,just in case my GC is rejected then should i leave the country immediately? (GC will be denied for USC Spouse?)

c. Are there any alternate options for that. My hearfelt thanks for all your answers and kindly suggest.

[jurong]

Hi praetorianXI please suggest me

Hi praetorianXI

Please suggest me on the below scenario.......

[PraetorianXI]

a. If i dont get my ead i know i can still continue with the status AOS pending
am i right? Yes. EAD has nothing to do with your AOS Pending status.

b.After having my H1 Expired,just in case my GC is rejected then should i leave the country immediately? (GC will be denied for USC Spouse?) Yes, you would have to leave immediately. GCs for spouses are hardly ever denied, except in cases of fraud.

c. Are there any alternate options for that. My hearfelt thanks for all your answers and kindly suggest. No.

[jurong]

Thanks

Thanks Friend. Thanks a lot for your valuable suggestions.