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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 12-12-2008, 06:10 PM
buehler buehler is offline
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Default EAD extension not yet received. Can I still work on H1

Hi,

The last time I came back into this country, I used my AP as I didn't have my H1 stamped. My H1 is valid till 2010.

My EAD expired last month and my bumbling lawyer did not send in the I-485 copy and hence there was an RFE. So I still do not have an EAD approval.

Would it be safe to get paid this month or should I have my company process this month's salary after I get my EAD approved?

Siva
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  #2  
Old 12-12-2008, 07:23 PM
laksmi laksmi is offline
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You are not supposed to work on EAD until unless itís renewed that is sure, you can work on H1B for your H1B employer if H1B is not revoked.
I suggest a attorneys advice on H1B once.
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  #3  
Old 12-12-2008, 09:43 PM
ssdtm ssdtm is offline
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Dec-02
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Did you ever used EAD? Just getting an EAD does not mean you were on EAD.
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.
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  #4  
Old 12-13-2008, 07:06 PM
buehler buehler is offline
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Priority Date
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Mar-06
Category
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I140 Mailed Date
:
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India
Processing Stage
:
I-485
I485 Mailed Date
:
07/28/2007
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Join Date: Dec 2006
Posts: 184
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Quote:
Originally Posted by ssdtm View Post
Did you ever used EAD? Just getting an EAD does not mean you were on EAD.
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.
ssdtm & laksmi,

Thanks for your replies. I am still working for my H1 job. But I did use my EAD for some time to do a part time job. I have not done any part time work since the EAD expired.

Can I still get my pay from my H1 job or should I wait for EAD approval?
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  #5  
Old 12-13-2008, 07:49 PM
ssdtm ssdtm is offline
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Priority Date
:
Dec-02
Category
:
EB3
I140 Mailed Date
:
02/30/2007
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India
Processing Stage
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Labor Certification
I485 Mailed Date
:
07/24/2007
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Join Date: Nov 2006
Posts: 103
ssdtm is a jewel in the rough ssdtm is a jewel in the rough ssdtm is a jewel in the rough ssdtm is a jewel in the rough
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To be 100% safe, wait for EAD.

But there are many threads where folks have given their inputs per consultation from their lawyers and have mentioned that EAD "part time" does not invalidate your regular H1 as long as you have continued with your regular H1 employment. Your case is in a grey area.
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