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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #1  
Old 09-23-2007, 03:38 AM
h_shaik h_shaik is offline
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Post EAD , can spouse use EAD and primary applicant still maintain H1B status

My wife and i are on H1B status. After recieving EAD's, can the primary applicant be still on H1B and spouse start using the EAD.

Would it invalidate H1B status of the primary applicant?
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  #2  
Old 09-23-2007, 03:47 AM
gc_chahiye gc_chahiye is offline
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Default

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Originally Posted by h_shaik View Post
My wife and i are on H1B status. After recieving EAD's, can the primary applicant be still on H1B and spouse start using the EAD.

Would it invalidate H1B status of the primary applicant?
spouse can use the EAD, it does not invalidate your H1, In fact it does not impact it in way whatsoever. You can get visa stampings, H1 extensions etc
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Old 09-25-2007, 07:37 PM
r4b3 r4b3 is offline
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Default EAD/485 and H1

Couple of questions need ideas/suggestions related to above question

My wife and I are on H1 and recently we got our I485 receipts. We plan to travel out of country in beginning of next year. We thought of taking the conversative approach of travelling on H1 even we have AP (expected to get it by then). But when we talked to out lawyer, he suggested we can but my wife (dependent applicant on I485) after returning to US has to stick with the H1 /employer as I-94 has the H1B stamped with expiry date of H1. Until it expires she cannot use the EAD.

I want the people/friends in this portal throw some light on it...and thoughts/ideas will be greatly appreciated!!!!

Thanks-in-advance
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Old 09-25-2007, 10:38 PM
senk1s senk1s is offline
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Default i dont understand what your lawyer means by that ...

Do they recommend staying on H1 ...or they say it (using EAD)cannot be done

So what is the purpose of applying for EAD?
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Old 09-26-2007, 02:26 AM
r4b3 r4b3 is offline
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Default Clarification

Per my lawyer, If we want to travel either we both use AP or H1B. If we use AP, then after returning she can work with any employer/opportunity on EAD. If we use H1 as our mode of entry, then she cannot use EAD until H1 expires. Reason being, at POE, her I94 will be stamped as H1 and takes the expiry date of H1.

So, is the above statement valid? Pls suggest.
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Old 09-26-2007, 03:27 AM
vamsi_poondla vamsi_poondla is offline
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Default Not valid

Check with some other lawyer. Perhaps Murthy

AFAIK it is recommended to use non-immigrant visa if it is valid. Your spouse can use H4 and enter USA. I-94 in no way affects and it's date is not going to override EAD.
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