Working on an EAD

[flyby001]

Greetings to all and good morning. I would apprecite if some one answers my below question.

I have my H1 till Oct 2014. I am current and would be filing my I 485, EAD and the travel documents next week along with my wife's and daughter's. I am given to understand that I would be getting my EAD in 3-4 months. I would like to work on my EAD for the same employer for a 1 year period there after as a return for his fovor of filing my green card.

My question is if I start working on the EAD, what will happen to my H1. Can I maintain my H1 status so that I can fall back on it if some thing goes wrong with my 485. As of now I never been out of ststus or have any criminal records and my credit scores are very good. I also own my own property.

Would appreciate a quick answer. Regards to all.

[Attorney_22]

Generally, it is advisable to maintain H1B status while your adjustment of status (AOS) petition is pending even if you requested EAD and AP documents. It may also be advantageous to request both the EAD and AP even if you intend to maintain your non-immigrant H1B or H4 status until the adjudication of your AOS. This option gives you flexibility if an issue arises either with your H status/visa, or by maintaining H1B, if an issue arises with the AOS petition. Possessing an EAD or AP will not affect your current H status, but once either is utilized you and/or your spouse and daughter will no longer be considered maintaining H1B/H4 status (depending on who utilizes the documents). Once an EAD/AP has been utilized it may be possible to enter H status again, however it normally requires travel and re-entry in H status. If you have additional questions it is advisable to speak directly to a qualified U.S. immigration attorney.

[flyby001]

Thank you for your reply. I am almost clear but not exactly. As I said I have my H1 till Oct 2014, so what do you mean by maintaing it. Also once I get my EAD I want to work on an EAD because there are more oppurtunities here for one who has an EAD then a H1. So I understand that working on an EAD is utilising the EAD. So if I work on an EAD does my H1 gets cancelled or will it be still considered as being maintained.

If it does not get cancelled and if some problem comes up while my 485 is being processed I am willing to go out of the country and come back again.

Thanks and hoping for a reply.

[flyby001]

Can some attorney please reply as earlier. Regards.

[ask_dr]

Hi flyby001,

Once you start using EAD, you are no longer on non-immigrant visa status like H1, F1 etc. Your H1 is voided essentially at that point, so if something happens to your 485, you would need a fresh H1B sponsorship or H4 to be able to go out and come back into the US on a non-immigrant visa. I am not a lawyer but that's what I heard from others.

[flyby001]

Thank you sir. "you would need a fresh H1B sponsorship" does this mean an altogether new H1B ?? That's my question.

[ask_dr]

yes, new H1B sponsorship. Thanks.

[flyby001]

Thank you all. Regards.

[Desi Dude]

As far as I know, you DONT need fresh H1B sponsorship if your H1B has not expired.