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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 07-20-2007, 05:55 PM
aadimanav aadimanav is offline
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Default EAD Benefits Thread:

May be we can compile the Benefits of EAD under this thread:

Typical Green Card Scenario:

H1 company is sponsoring for EB category Green Card.
H4 not working.

Let's say H1 is not interested in changing the jobs until 6 months after getting the green card. Is there any benefit for H1 to get EAD? (I am assuming the H1 visa is valid for 2.5 more years).

Is there any connection between AP and EAD ?

If you have both H1b and EAD then can you do the consulting work for others while maintaining the valid H1b status.

Last edited by aadimanav; 07-20-2007 at 06:08 PM.
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  #2  
Old 07-20-2007, 06:06 PM
cheg cheg is offline
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Default If I'm not mistaken

According to my husband's lawyer, if a H1 or H4 leaves the country on vacation using AP and then comes back to the US, then EAD will take into effect because at this point H1 and H4 visas are lost.
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Labor Cert Priority Date: February 2005
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I-485/I-765/I-131: Received by R. Williams on July 6 @ 9:18 am
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  #3  
Old 07-20-2007, 06:11 PM
aadimanav aadimanav is offline
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Default

Quote:
Originally Posted by cheg
According to my husband's lawyer, if a H1 or H4 leaves the country on vacation using AP and then comes back to the US, then EAD will take into effect because at this point H1 and H4 visas are lost.

What does this mean:

"leaves the country ... using AP..."

Using means what?
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  #4  
Old 07-20-2007, 06:22 PM
cheg cheg is offline
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Default Is it clear now?

Let's say you want to take a vacation and leave the US, then when you re-enter the US, you're using your AP...You would be readmitted to the United States as Parolees to continue your adjustment of status applications.

Quote:
Originally Posted by aadimanav
What does this mean:

"leaves the country ... using AP..."

Using means what?
__________________
Labor Cert Priority Date: February 2005
I-140 Approved: February 2007
Category: EB3 (Philippines)
I-485/I-765/I-131: Received by R. Williams on July 6 @ 9:18 am
I-485/I-765/I-131: Receipt Notice on Sept. 12, 2007
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Spouse (me): EAD card received on 09/28/07
AP Status for Primary and Spouse: Approved on 10/22/07
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  #5  
Old 07-20-2007, 06:27 PM
godbless godbless is offline
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Default

I think if you or your wife doesn't use the EAD for employment purpose then still your h1 and h4 is valid and you can travel on that. You don't have to use AP until you are using EAD or not maintaining your H status.
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  #6  
Old 07-20-2007, 06:40 PM
cheg cheg is offline
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Thumbs up

You're correct. That's what our lawyers told us too. But since I'm H4, I will definitely use my EAD so I can start working.

Quote:
Originally Posted by godbless
I think if you or your wife doesn't use the EAD for employment purpose then still your h1 and h4 is valid and you can travel on that. You don't have to use AP until you are using EAD or not maintaining your H status.
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Labor Cert Priority Date: February 2005
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I-485/I-765/I-131: Received by R. Williams on July 6 @ 9:18 am
I-485/I-765/I-131: Receipt Notice on Sept. 12, 2007
EAD Status: Approved on 09/21/07
Primary Applicant: EAD card received on 09/25/07
Spouse (me): EAD card received on 09/28/07
AP Status for Primary and Spouse: Approved on 10/22/07
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  #7  
Old 07-20-2007, 06:49 PM
sanprabhu sanprabhu is offline
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Default When you come back to US on visa or AP that determines it

If you have both H4 and AP but if you use H4 visa then you would be in status. If you use AP (to re-enter) then you would need to use EAD going forward.
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  #8  
Old 07-20-2007, 06:56 PM
aadimanav aadimanav is offline
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Default

How about if H4 gets EAD and (s)he starts working using EAD, and let's say (s)he has a valid H4 visa stamp for 2.5 years. Now (s)he goes back and come back as H4..... then start working again on EAD.....

Is there any problem with above "theoretical" scenario?


Quote:
Originally Posted by sanprabhu
If you have both H4 and AP but if you use H4 visa then you would be in status. If you use AP (to re-enter) then you would need to use EAD going forward.
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  #9  
Old 07-20-2007, 06:58 PM
WeShallOvercome WeShallOvercome is offline
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Default

Quote:
Originally Posted by aadimanav
How about if H4 gets EAD and (s)he starts working using EAD, and let's say (s)he has a valid H4 visa stamp for 2.5 years. Now (s)he goes back and come back as H4..... then start working again on EAD.....

Is there any problem with above "theoretical" scenario?

(s)he won't be allowed on H4 as it would have been invalidated by using EAD (and hence officially becoming an adjustee). The officers at port of entry can see his/her data on their screens.
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  #10  
Old 07-20-2007, 06:58 PM
houston2005 houston2005 is offline
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Default

No her status would be H4. You can be on H4 status and working independently on EAD.
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  #11  
Old 07-20-2007, 07:00 PM
WeShallOvercome WeShallOvercome is offline
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Default

Quote:
Originally Posted by houston2005
No her status would be H4. You can be on H4 status and working independently on EAD.
That is wrong!!!!!!!

You can only have one status at a time.
H4 = Dependent of a temporary worker
EAD/AP means you are under adjustment of status or an 'adjustee'
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  #12  
Old 07-20-2007, 07:07 PM
aadimanav aadimanav is offline
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Default

Quote:
Originally Posted by WeShallOvercome
(s)he won't be allowed on H4 as it would have been invalidated by using EAD (and hence officially becoming an adjustee). The officers at port of entry can see his/her data on their screens.

"Using EAD" is interesting here?

Let's say H4 applies for EAD and (s)he gets it. (S)he doesn't do anything with it. Still stays home. Does that means she is on H4?

How immigration department determines a person is "using" EAD or not.
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  #13  
Old 07-20-2007, 07:22 PM
WeShallOvercome WeShallOvercome is offline
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Default

Quote:
Originally Posted by aadimanav
"Using EAD" is interesting here?

Let's say H4 applies for EAD and (s)he gets it. (S)he doesn't do anything with it. Still stays home. Does that means she is on H4?

How immigration department determines a person is "using" EAD or not.
If a person does not use EAD(does not work using an EAD), then H4 status is still intact.

Now how does USCIS know if a person is or is not using EAD, I'm not sure , whenever you use EAD you have to fill a certain form and that form goes to SSN office and may be there's a system(there has to be) that enables immigration authorities if and where an alien is working....
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  #14  
Old 07-20-2007, 07:27 PM
srgadi srgadi is offline
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Default

What is using the EAD means? If a person on H4 uses his/her EAD to get his/her SSN number, would it be considered that this person is no longer on H4 status but rather on EAD?
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  #15  
Old 07-20-2007, 07:48 PM
dskhabra dskhabra is offline
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If you get a job using EAD then your status changes from H4 to EAD
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