Is H1B Renewal Possible After getting EAD


amolgoel

Recommended Posts

Hi,

I am in a bit of a pickle. My H1B is currently valid till mid-2014 but my PD is current next month. My company changed my department and I had to file an amendment last Oct to my current H1B which is still pending (regular processing). I think the H1B application might get looked at early next month when my PD would be current and thus I can only get one year extension till this October.

Now I would also apply for my adjustment of status as well as EAD card next month. I just came to know that EAD cards are only valid for one year as well. So my questions to the experts/veterans/attorneys out there are

1) Can I convert my H1B application to premium processing now and try USCIS to decide on it before start of Feb., would that force them to give me a 3 year extension as my date would not be current by then.

2) If I get only one year extension of my H1 is it possible to renew this H1 after applying for (and may be receiving) an EAD card. I think dates would retogress in 4-5 months so I won't get a green card soon. Having a 3 year H1 would give me more peace of mind then 1 year EAD. I am not planning on using the EAD card for employment at all if I can get a 3 year H1 extension. (for driving license and other things)

I would really appreciate if you could reply to these questions. My attorney was not able to give me straight answers on these (or at least I didn't think so)

Regards,

DT

Link to comment

your H1B status would be exclusive from the EAD status.

Irrespective of the dates getting current or retrogressed, your H1 will be valid (once approved) until expiration.

In other words, your getting EAD will not nullify your H1 period.

I would just wait with the regular processing and focus on filling my 485 application forms.

(in fact I am in the same boat. H1 regular processing applied in Aug. No amendments. And my PD just got current.....obviously excited about getting EAD and the possibility of getting GC in a few months)

Link to comment

Archived

This topic is now archived and is closed to further replies.