Keep my H1 or switch to EAD

[jminu]

Hi All,
I know this is fairly common question but couldn't find an answer for my case so thot of asking you all.

I'm on H1 valid till Mar 2014. But when i travel outside the US next time(which i think will be in Oct/Nov 2012) I need to get a visa stamping.
I have not initiated GC processing

My husband has initiated GC processing. We both have EAD and AP and awaiting GC. Priority date Mar 2008.

Now during my travel in Oct/Nov 2012, what would be a better option for me ie to switch to EAD or stay on H1 and go for stamping.

Thanks in advance
M

[begood]

Ans

I am not Attorney and is only for information purpose.

1. The Fact to consider is how long it takes you to get GC. You have not mentioned your husband is on Eb2 or Eb3. if is it eb2 then it is almost clsoe even if you enter on AP it should be OK. But if it is eb3 we are talking about almost 6 to 7 yrs with current trend to get GC. Then it is advisable to maintain H1 because once renewed you can be on h1 for 3 yrs or so.

2. How much time you have and time and money it takes to process visa at a consulate also is to consider.

Entering on Ap is fine but the decision is yours by weighing your options to be on Ap or h1.

[jminu]

Thanks for your response begood. We are on EB2.

Apart from the travel convenience with AP(ie no stamping required) some of friends have suggested that if i move to EAD, we can conserve the time on my H1. This may come in handy if there was a contingency later.
Any thought pls

[begood]

Ans

This is my opinion Not Attorney advice.Use at your decretion

You may be right. But the contingency we are talking is due to a bad luck/reason if 485 gets denied nothing much we can do about. Switching back to h1 after I 485 denial is a mere possibility .
Not sure how that works .If we consult an Attorney they always recommend to return on H1.

Again weigh all options and decide- Good Luck