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Attorney_23

H1B vs. EAD While I-140 is Pending

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This week, Murthy Law Firm attorneys will answer questions regarding the pros and cons of remaining on H1B while one's I-485 is pending, versus using an EAD.   

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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Will there be any advantage in remaining on H1B when we have EAD while I-485 is pending ?

 

If some one have downgraded from EB2 to EB3 and got the EAD with pending I-485 application in future if the EB2 dates become current can he use the EB2's dates while he is started using the EAD not on H1B anymore ?

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Hello - I am on a L1A visa which expires in March 2021. At the same time, my dates of filing [the final action date still isn't current through] for I-485 have become current. I intend to apply for an EAd and AP. Should I still file for my L1A extension before March 2021?

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My 485 & i140 downgrade is in process while

My Visa is expiring Mid Jan, need to file an ( LCA not yet filed) extension and not sure how it would go with the recent wage changes.( Wage Level 4) salary is of Level1

What is the time frame I would need to wait until I move to EAD, how do i tackle this issue , can i apply in normal with wage level 1 and wait for EAD, what happens if my employer is not willing to apply for extension with these salaries?

Thanks!

 

 

Edited by rocky_NNC

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Hello

here are the questions:

1. what are top advantages of keeping H1 active (with stamping) vs  EAD with AP?

2. In a given scenario, if H1 stamping is denied at foreign consulate, can one return with AP?

thank you

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Questions with regards to H1B and EAD: 

While returning from India if I use my AP what happens to the status of my H1B assuming I'm with the same company. I believe if I switch to another company I would need to do so via EAD? So in my case, as an example, my H1B expires on Feb 2023 and I'm in the process of downgrading from EB2 -> Eb3 to get the EAD. Assuming I get the EAD and I travel to India I plan to use the AP so I dont need to go for stamping. What would this mean in terms of my status?

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