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Attorney_22

H1B vs. EAD Work Authorization

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This week, the Murthy Law Firm attorneys will answer questions relating to H1B vs. EAD work authorization.        

 

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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I have a valid EAD and AP until 2017 and an valid H1 approval petition until 2018.

 

I will be travelling overseas and would enter using an AP. Upon entry, I would continue working for the same H1 employer using the H1 approval petition.

I came across the Cronin memo that states that I-485 applicants can reenter US using an AP and continue working for the same H1 employer until the validity period indicated on the H1 approval notice without the need for an EAD. Such employment is not considered violation.

 

My Question: Is the Cronin memo/ruling still valid as it dates back to 2000. Has there been any subsequent changes to this memo/ruling?

 

Thank you.

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Me and my husband both are physicians working on h1b visa.

My husband has Niw I 140 approved and he has completed required 5 yrs in underserved area.

His i485 is pending and we both have AP & EAD.

Can we work now outside underserved area on EAD ? Or one of us should maintain h1b status ?

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Hi, my 9th year of H1B is till Nov 2016 and I am applying for my EAD. Am I supposed to renew my H1B after I get my EAD until I get my GC? After what point of time I can stop renewing my H1B?

Thank you.

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I m on H1 b visa and it expires August 2017 , my husband has I140 approved and priority date of feb 2013 and his H1 b is past 6 yrs and on extension. I want apply for H4 EAD card before the end of my H1b visa.. My question is can I apply for H4 EAD while still working and not have any gaps with my employment and continue working in the same job . If not is it better to apply for my own green card application and apply for extension of H1b visa. I want to know best way to proceed without hurting my current job and continuing without gaps.

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My H-1B expires in November end.  I have a EAD (currently valid till April 2016) from a pending I-485.  Should I pursue H-1B extension or use my EAD (when H-1B expires) and keep renewing EAD until I-485 gets approved?  Any disadvantages of not renewing/extending H-1B?

Thanks!

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I have a valid EAD and AP until 2017 and an valid H1 approval petition until 2018.

 

I will be travelling overseas and would enter using an AP. Upon entry, I would continue working for the same H1 employer using the H1 approval petition.

I came across the Cronin memo that states that I-485 applicants can reenter US using an AP and continue working for the same H1 employer until the validity period indicated on the H1 approval notice without the need for an EAD. Such employment is not considered violation.

 

My Question: Is the Cronin memo/ruling still valid as it dates back to 2000. Has there been any subsequent changes to this memo/ruling?

 

Thank you.

That is correct, the Cronin Memo is still applicable. 

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Hi, my 9th year of H1B is till Nov 2016 and I am applying for my EAD. Am I supposed to renew my H1B after I get my EAD until I get my GC? After what point of time I can stop renewing my H1B?

Thank you.

It is not required to renew your H1B when you have a pending I-485 and EAD work authorization; however it is generally recommended.  

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I m on H1 b visa and it expires August 2017 , my husband has I140 approved and priority date of feb 2013 and his H1 b is past 6 yrs and on extension. I want apply for H4 EAD card before the end of my H1b visa.. My question is can I apply for H4 EAD while still working and not have any gaps with my employment and continue working in the same job . If not is it better to apply for my own green card application and apply for extension of H1b visa. I want to know best way to proceed without hurting my current job and continuing without gaps.

You can concurrently file a change of status petition from H1B to H4 with an EAD request based on the H4 status. Often the H4 and EAD will be issued in approximately the same time, however it is not guaranteed. Therefore, you should be prepared for a possible gap in work authorization between when the COS to H4 is approved and the EAD card is received. 

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My H-1B expires in November end.  I have a EAD (currently valid till April 2016) from a pending I-485.  Should I pursue H-1B extension or use my EAD (when H-1B expires) and keep renewing EAD until I-485 gets approved?  Any disadvantages of not renewing/extending H-1B?

Thanks!

The disadvantage to not extending your H1B is that it limits your options in the unfortunate event your I-485 is denied. 

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I am currently on H4 and got EAD valid till 2017. Until Mar 2015 I was on L1 and then stopped working and changed my status to H4 as my L1 got maxed out (7 yrs completed). I would like to know if I continue in US in H4 status and Not working , after one year (by Apr 2016) whether I can reset my L1 or apply H1-B.

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I am currently on H4 and got EAD valid till 2017. Until Mar 2015 I was on L1 and then stopped working and changed my status to H4 as my L1 got maxed out (7 yrs completed). I would like to know if I continue in US in H4 status and Not working , after one year (by Apr 2016) whether I can reset my L1 or apply H1-B.

Unfortunately not. 

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Can I do my H1 transfer with my  Pending H1toH4 COS /H4 EAD ?

 

 
I am on H1B now and have already applied to H1 to H4 COS concurrently with H4 EAD on Sep 21 and in case received status.
 
My situation pulls me to do an H1 B transfer with another employer asap .
 
What will happen to my H1toH4COS  and  H4 EAD Application with a future date of Nov 25..
 
I was thinking to work with the new employer on H4 EAD ,but the employer does not wanted to wait until H4 EAD is received.
 
Can I transfer my H1 B to new employer now and work on H1B with new employer until my H1 to H4 and H4 EAD is approved.and later change to H4 EAD with the new employer.
 
Is there any additional info need to be submitted to my previous H1toH4COS as my H1 is getting changed to new employer.Will it delay my H4 EAD
Appreciate any insights on my situation.
Thanks
Au

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hi,

 

I am on H1 b visa, My Dependent has traveled out of country while her H1 b application was in process. She got hr approval for i797 but COS was denied

 

 

Now that the dependent is planning to go for H1 b visa stamping with hr petition. What does it happen if she gets her visa rejected. Does the dependent still hold the H4 visa? 

 

I heard my friends discussing the issue as H4 visa would be cancelled at the time of interview and then the decision would be made to approve or reject the new H1 b. Would it be possible for the dependent to travel back with the previous visa? in any situation even if 221g is given or denied H1 b situation?

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Hi,

My H1b status is there until  Feb 2018. My wife H4 EAD also approved until then.

I came to US in April 2007 and so this is my 8th year in US. 

I am getting H1b extension for 3 years based on I140 for last two times.

My wife got approved H4 EAD based on my I140.

I am planning to move to different company who is going to start GC process and port the date later.

Based on this info I have following two queries.

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I have H1b approved[i1797/visa] until Feb 2018. I came to US in April 2007 and so this is my 8th year.

I have approved 1140 with my current employer and so I am getting 3 year extension for my H1b.

My wife H4-EAD also approved until Feb 2018.

Now I am planning to switch to new company who is going start GC process.

Based on above info. I have following queries:

1. can current employer revoke I140 ?  I mean is it possible employer revoking I 140 ?

2. If he revokes my existing I 140 can I still get 3 years extension with new employer during transfer ?

3. If he does'nt revoke can I still get 3 years extension with new employer during transfer ?

4. During H1b transfer will it impact anything on my wife H4-EAD provided my I 140 revoked ?

5. During H1b transfer will it impact anything on my wife H4-EAD provided my I 140 is not revoked ?

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I have H1b approved[i1797/visa] until Feb 2018. I came to US in April 2007 and so this is my 8th year.
I have approved 1140 with my current employer and so I am getting 3 year extension for my H1b.
My wife H4-EAD also approved until Feb 2018.
Now I am planning to switch to new company who is going start GC process.
Based on above info. I have following queries:
1. can current employer revoke I140 ?  I mean is it possible employer revoking I 140 ?
2. If he revokes my existing I 140 can I still get 3 years extension with new employer during transfer ?
3. If he does'nt revoke can I still get 3 years extension with new employer during transfer ?
4. During H1b transfer will it impact anything on my wife H4-EAD provided my I 140 revoked ?
5. During H1b transfer will it impact anything on my wife H4-EAD provided my I 140 is not revoked ?

 

 I will answer your questions in the order given: 

1. Yes. 

2. Before the revocation occurs yes, after the I-140 is revoked, no. 

3. Yes, provided the I-140 is not revoked/withdrawn.

4. It may. It is best to speak to your H1B attorney regarding this prior to proceeding. 

5. No, the EAD will remain valid since the I-140 has not been revoked/withdrawn. 

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Hi Attorney_22,

Thank you. More or less my doubts get clarified. That will help me to think at what point of time to put resignation.

for question 2 I have this followup question.

I understood I will not get 3 years extension if my I140 is revoked. Am I eligible to get atleast until FEB 2018 which is my existing status as of now ? or immediately I will be out of status ?

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Hi Attorney_22,

Thank you. More or less my doubts get clarified. That will help me to think at what point of time to put resignation.

for question 2 I have this followup question.

I understood I will not get 3 years extension if my I140 is revoked. Am I eligible to get atleast until FEB 2018 which is my existing status as of now ? or immediately I will be out of status ?

It is best to schedule a call with one of our H1B attorneys to discuss your second question. 

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Hi,

 

My PD is Sept 08 under EB3 from my prev emp (both PERM and I-140), my new emp filed for labor under EB2 and an approved I-140 (with prev PD ported). I have recently filed my 485 based on the new bulletin.

Questions:

1. the 485 receipt says "Preference classification: EB3" and my older PD is retained, is that an issue? [i have already called in for a SR# with USCIS]. my lawyer says it should not be an issue.

2. if the current Visa situation does not change, can i change jobs after 6 months?  what should I do so that it does not jeopardize my GC process?

3. Will I need to apply and get an approved EAD before I even think about changing jobs?

4. Does the EAD application be done by the same lawyer or can I approach another?

 

Thanks,

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I will respond to your questions in the order received:

1.       Since USCIS accepted the I-485 it is likely the Receipt Notice is merely an error, but it is a good idea to confirm through a Service Request.

2.       Provided your change in employment qualifies for AC21, there should not be an issue due to the change.

3.       No, you can utilize AC21 even when working pursuant to H1B.

4.       An EAD application does not need to be filed by the same attorney who filed the original EAD application. 

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Hello,

 

I am currently on H1B visa working for a client & my amendment is valid till next year. My current project will end this month end, if I get my next project in Jan 2016, I will be paid for Nov-Dec 2015 by my employer. 

 

But what will be my status during these 2 months. Once i get my new project my employer will file an amendment immediately, but what will happen if a USCIS site officer goes to my old client place during these 2 months?

 

I am really confused & what do you suggest for these 2 months, shall we apply for amendment to head office for those two months or shall we just leave with old amendment? Please suggest

 

Thanks

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Hello,

 

I am currently on H1B visa working for a client & my amendment is valid till next year. My current project will end this month end, if I get my next project in Jan 2016, I will be paid for Nov-Dec 2015 by my employer. 

 

But what will be my status during these 2 months. Once i get my new project my employer will file an amendment immediately, but what will happen if a USCIS site officer goes to my old client place during these 2 months?

 

I am really confused & what do you suggest for these 2 months, shall we apply for amendment to head office for those two months or shall we just leave with old amendment? Please suggest

 

Thanks

It is advisable to schedule a consult with one of our attorneys to discuss this issue in detail. 

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Hello,

 

My OPT expired at October end but my H1 petition was approved with a start date of October 1. My OPT employer is employer A and the petitioner is employer B. 

 

Can I still work with employer A until October end and then start working with employer B ? Is this legally possible ?

 

Also I am planning to travel next month. Will this affect stamping when I am returning ?

 

Thank you!

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