EAD & Dissimilar Role

[ksur23]

Dear members,

The people here are so rational and helpful. Rare to find that in forums these days. Appreciate it.

I have a 1/2009 PD. I've heard of the '5 yr rule' - is it possible to get my GC card by September 2014. I have EAD and managed to lose my H1B in favor of EAD/AP for ease of travel. Now I am doing part-time MBA and will graduate in May 2014. I want to move to a dissimilar role after that so cannot use EAD. And I think H1B is ruled out too. My only hope I guess is that I get GC by summer 2014. But going by the 2004 PD now I wonder if there's any chance. It was always a gamble when I joined b-school thinking I will have the GC before graduation. It was a calculated risk but I am afraid I might be stuck with EAD/AP and present role for a long time.

Any insight is appreciated. And apologize if this isn't the right place to pose my query.

Thanks!

[gc_soon]

Dear members,

The people here are so rational and helpful. Rare to find that in forums these days. Appreciate it.

I have a 1/2009 PD. I've heard of the '5 yr rule' - is it possible to get my GC card by September 2014. I have EAD and managed to lose my H1B in favor of EAD/AP for ease of travel. Now I am doing part-time MBA and will graduate in May 2014. I want to move to a dissimilar role after that so cannot use EAD. And I think H1B is ruled out too. My only hope I guess is that I get GC by summer 2014. But going by the 2004 PD now I wonder if there's any chance. It was always a gamble when I joined b-school thinking I will have the GC before graduation. It was a calculated risk but I am afraid I might be stuck with EAD/AP and present role for a long time.

Any insight is appreciated. And apologize if this isn't the right place to pose my query.

Thanks!

I think you can still get the H1, if you don't have GC by then. Even if you are not on H1 now, you can apply later when needed and enter the country with a H1 stamp, instead of AP. As always, check with a lawyer.

[ksur23]

Thanks gc_soon. Will there be issues with getting H1 since I have almost used up 6 yrs and am currently on EAD? To get back on H1 would I be considered for a new 6-yr period?


I think you can still get the H1, if you don't have GC by then. Even if you are not on H1 now, you can apply later when needed and enter the country with a H1 stamp, instead of AP. As always, check with a lawyer.

[gc_soon]

Thanks gc_soon. Will there be issues with getting H1 since I have almost used up 6 yrs and am currently on EAD? To get back on H1 would I be considered for a new 6-yr period?

6 year clock resets only if you are physically outside US for atleast a year. But with an approved I140, you can get a H1 for 3 years(even if you already used up the 6 years). This is just my understanding and I would suggest a consulation with a lawyer to get doubts cleared up and have some peace :).