EAD and H1 Dual Status holding and opportunites
Quote:
Originally Posted by
inspired_p
So very true.. and only way being on EAD for 7 years would have been advantageous if one improved on the situation ( spouse employment, secondary income which might not in line with H1B rules etc.). Not to forget hassles with H1-B extensions
Opportunity cost is very very hard to determine in any situations..
If one stays with single income - same employer, then definitely getting GC 1 year earlier is the better outcome.
Many people think EAD and H-1B are mutually exclusive. But that's not true. I have used both for last several years without any issues. For example, when I visited India last time, I didn't get H1B stamped. I used EAD/AP combo card for reentry. From my employer's perspective, I was always on H-1B, and there was no problem with H-1B extension even though my recent entry to US was on AP. Also, I used EAD for secondary income through some part time consulting while I was on H-1B for my primary employer. Everybody must continue to renew H-1B if they can. First, it provides a back up in case something goes wrong with your I-485 application. Also, it keeps your salary updated through revisions in prevailing wages. And the employer has to bear the cost of extension by law. At the same time, EAD gives incredible freedom to you and your family. And renewing it is like renewing a driving license, but even better, it is free! I don't know why many people get their attorneys involved for EAD/AP renewal. That is waste of time and resources.
Clearing confusion around dual status
Quote:
Originally Posted by
vsivarama
If you are on 485 EAD you do not have an independent nonimmigrant status which is valid, and hence you will have to consulate process the H1B. When it comes to STEM OPT you are still in F1 (as your underlying petition is still considered F1). So you can legally change your status from F1 to H1 without stepping out of country. This was the understanding I got from my lawyer.
Guys - let me help with what I understand.
A) When on H1 and you file AOS you have dual status H1 as well as AOS pending.
B) You can do the same from any other visa XYZ and your new status will be XYZ as well as AOS pending.
C) If your H1 authorization ends and you are using EAD then your status will be AOS pending.
D) If you get a new H1 (797?) then you acquire H1 simply by starting to work on H1 with your employer. That's it. There is no special process to acquire H1 status to my knowledge.
E) But I believe H to F and F to H may have some formality (since one is dual intent visa and other is non-immigrant visa).
F) Finally - H1 stamping is not required if you are already in the US. A stamp is required only to gain entry. Your H1 authorization is enough to start using from day 1.