EAD/H1-B Questions. Require advise.


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As of May Visa Bulletin the EB2 priority dates have retrogressed to August 2007. Here is my scenario:

I work for company X and Company Y has filed my I-485 and have received my EAD/AP through them (Company Y). I have never worked for Company Y and my I-485 is based on future emloyment, I will join company Y on approval of I-485. I had a few questions because of this retrogression and would appreciate any advise.

  • Are EAD/AP renewable every year even though I do not work for company Y.
  • Can I work on EAD/AP with my current company X and stop working on H1-B
  • Can I work on H1-B with my current company X and keep renewing my EAD/AP
  • Can my wife use the EAD regardless of me working with company Y ?
  • Can I maintain my H1-B status while my wife works on EAD/AP?
  • I plan to exit the country, do I need to get my H1-B visa stamped or can I come back on AP assuming I do not use my EAD ?
  • When is the earliest I have to renew my EAD, my expiry is Feb 12, 2013

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As of May Visa Bulletin the EB2 priority dates have retrogressed to August 2007. Here is my scenario:

I work for company X and Company Y has filed my I-485 and have received my EAD/AP through them (Company Y). I have never worked for Company Y and my I-485 is based on future emloyment, I will join company Y on approval of I-485. I had a few questions because of this retrogression and would appreciate any advise.

  • Are EAD/AP renewable every year even though I do not work for company Y.

YES

  • Can I work on EAD/AP with my current company X and stop working on H1-B

YES

  • Can I work on H1-B with my current company X and keep renewing my EAD/AP

YES

  • Can my wife use the EAD regardless of me working with company Y ?

YES

  • Can I maintain my H1-B status while my wife works on EAD/AP?

YES

  • I plan to exit the country, do I need to get my H1-B visa stamped or can I come back on AP assuming I do not use my EAD ?

YES, but once you come back on AP you are nolonger on h1,you will have to be on EAD

  • When is the earliest I have to renew my EAD, my expiry is Feb 12, 2013

4 months before expiry

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