EAD/H1B questions. help...

[sapro1]

Hi Forum members,
Have some EAD/H1B questions for my spouse --

a. When she receives her EAD, does the H1B automatically become invalid? Or, should she activate her EAD by getting a Job through an employer which makes the H1B invalid?

b. Can she remain unemployed till she gets an IT job in EAD? In this scenario, does she need to renew her H1B before it expires on July 2008?

c. Assuming she doesn't get an IT job before her H1B expires on July 2008, can she use her EAD to work in a local store like Walmart, Costco etc temporarily if she gets?

Thanks in advance for the response.

[PraetorianXI]

a. When she receives her EAD, does the H1B automatically become invalid? Or, should she activate her EAD by getting a Job through an employer which makes the H1B invalid? It does not automatically becomes invalid. She would have to file an I-9 with an employer using her EAD, to start oficially working under EAD and not H1B.

b. Can she remain unemployed till she gets an IT job in EAD? In this scenario, does she need to renew her H1B before it expires on July 2008? I am guessing she is pending Adjustment of Status (i-485) so in that case, she can remain unemployed... no need to renew the H1B.

c. Assuming she doesn't get an IT job before her H1B expires on July 2008, can she use her EAD to work in a local store like Walmart, Costco etc temporarily if she gets? Anywhere she wants, except those places that require US citizenship.

[sapro1]

Thanks PraetorianXI.

[sapro1]

a. Assuming that my spouse doesn't get her EAD till middle of May 2008 (90 days after applying for EAD), can she do an Infopass to apply for an Interim EAD? At that point of time, since her H1B expires on July 2008, does she need to renew her H1B if she doesn't get her EAD by July 2008?

b. When she applies for a permanent job, will the background check reveal that she has **** work experience if she has included that in her resume?

c. Assuming my spouse got her EAD before July 2008 (the time when her H1B expires), can she let her H1B expire without extending it?

Thanks in advance for the response.

[PraetorianXI]

a. Assuming that my spouse doesn't get her EAD till middle of May 2008 (90 days after applying for EAD), can she do an Infopass to apply for an Interim EAD? No. They do not issue those anymore. At that point of time, since her H1B expires on July 2008, does she need to renew her H1B if she doesn't get her EAD by July 2008? Only if she needs to work. Otherwise not necessary, since her "legal status" in the USA is ruled by her pending i-485 and not longer by her H1 visa.

b. When she applies for a permanent job, will the background check reveal that she has **** work experience if she has included that in her resume? The background check has nothing to do with her job applying processes. If the employer has a strict background search for new hires, then they may find something, but USCIS has nothing to do with that and so my advice stops there.

c. Assuming my spouse got her EAD before July 2008 (the time when her H1B expires), can she let her H1B expire without extending it? Yes.

Thanks in advance for the response. You are welcome.