Using EAD instead of H1 or H4

[Kanmani]

kanmani, the legal language that you produced above mentioned "unrestricted" employment. EAD I would think is not "unrestricted" employment. It has a validity period. So again - I am not sure that H4 is lost on EAD. I am reasonably confident to err on the side that H4 status continues to be maintained along with AOS pending.

In fact - when an H1 and H4 person applies for 485 - the status becomes dual automatically H?/AOS Pending. H4 (i.e. 797) will never be cancelled by use of EAD. Status is a different thing. But IMHO the person will continue to retain H4 status even while on EAD. Since its meaningless to cancel status when the person can easily go out and come back and regain H4 status and again lose it when s/he shows up at the employer's door. Bottomline - I am not quite confident that H4 visa and status remains intact even if EAD is used.

ONLY WHEN a person enters US with an expired H1/H4 and on AP, then the person has a single status AOS when granted entry. If such a person were to obtain H status, s/he will have to obtain an H approval (797). The person doesn't need to leave US and stamp and all that. The person can stay through completion or rejection of GC. if GC were rejected, then that is the situation where I think I am not sure. I would recommend asking a lawyer about that situation.

Q,

Is the above conclusion from you is after reading the USCIS document? http://www.uscis.gov/ilink/docView/F...0-0-57820.html

Did you read my post here ? http://www.qesehmk.org/forums/showth...6869#post26869

Here is the page showing the passage of above rule after 3 months comment period in the federal register .....http://www.reginfo.gov/public/do/eAg...&RIN=1115-AE96

The rule is in effect from 10/2003

[qesehmk]

Yes and the loss of H4 status mentioned there is relative to the scenario where the primary applicant used EAD to switch employers and was subsequently lost his 485 for whatever reason prompting loss of secondary applicant's inability to get derived 485 benefit. This then prompts H4 person to not have any status just like the primary H1.

Makes sense?

Q,

Is the above conclusion from you is after reading the USCIS document? http://www.uscis.gov/ilink/docView/F...0-0-57820.html

Did you read my post here ? http://www.qesehmk.org/forums/showth...6869#post26869

Here is the page showing the passage of above rule after 3 months comment period in the federal register .....http://www.reginfo.gov/public/do/eAg...&RIN=1115-AE96

The rule is in effect from 10/2003

[Spectator]

kanmani, the legal language that you produced above mentioned "unrestricted" employment. EAD I would think is not "unrestricted" employment. It has a validity period. So again - I am not sure that H4 is lost on EAD. I am reasonably confident to err on the side that H4 status continues to be maintained along with AOS pending.

In fact - when an H1 and H4 person applies for 485 - the status becomes dual automatically H?/AOS Pending. H4 (i.e. 797) will never be cancelled by use of EAD. Status is a different thing. But IMHO the person will continue to retain H4 status even while on EAD. Since its meaningless to cancel status when the person can easily go out and come back and regain H4 status and again lose it when s/he shows up at the employer's door. Bottomline - I am not quite confident that H4 visa and status remains intact even if EAD is used.

ONLY WHEN a person enters US with an expired H1/H4 and on AP, then the person has a single status AOS when granted entry. If such a person were to obtain H status, s/he will have to obtain an H approval (797). The person doesn't need to leave US and stamp and all that. The person can stay through completion or rejection of GC. if GC were rejected, then that is the situation where I think I am not sure. I would recommend asking a lawyer about that situation.

Q,

I believe that "unrestricted" in this context refers to the ability to work for anybody, including self employment.

This is in contrast to a person with an approved non-immigrant petition which has employment authorization, such as H, L or O, where the employment authorization is restricted to the sponsoring Employer.

It is probably a subject we will agree to disagree on.

[Kanmani]

Yes and the loss of H4 status mentioned there is relative to the scenario where the primary applicant used EAD to switch employers and was subsequently lost his 485 for whatever reason prompting loss of secondary applicant's inability to get derived 485 benefit. This then prompts H4 person to not have any status just like the primary H1.

Makes sense?

Q, I completely disagree with you.

[qesehmk]

Spec - I was wrong on unrestricted. EAD is considered unrestricted. So we agree on that.

Q,

I believe that "unrestricted" in this context refers to the ability to work for anybody, including self employment.

This is in contrast to a person with an approved non-immigrant petition which has employment authorization, such as H, L or O, where the employment authorization is restricted to the sponsoring Employer.

It is probably a subject we will agree to disagree on.

Q, I completely disagree with you.

That's ok Kanmani. Having different views is a good (actually great) thing!! But thanks a ton for those resources. Very very useful.

[swathi]

Hi
I got my AP/EAD combo card in April(Priority data is nov2009) . My h1b is valid till june 2013 but I don't have a stamped visa in my passport.I will be travelling to india in August and planning to attend H1B visa interview.
1) if my H1B gets denied can I use my EAD/AP immediately.
2)if I get a 221G can I use my EAD /AP immediately and not wait till I get a decision on 221G
3)Suppose I avoid H1B stamping and I come back on EAD/AP and my I485 gets denied can I go back and get my H1B stamping ???

[gc0907]

1) Yes
2) Yes
3) My understanding is no, you will have to apply for new H1

Check this thread as well.

Hi
I got my AP/EAD combo card in April(Priority data is nov2009) . My h1b is valid till june 2013 but I don't have a stamped visa in my passport.I will be travelling to india in August and planning to attend H1B visa interview.
1) if my H1B gets denied can I use my EAD/AP immediately.
2)if I get a 221G can I use my EAD /AP immediately and not wait till I get a decision on 221G
3)Suppose I avoid H1B stamping and I come back on EAD/AP and my I485 gets denied can I go back and get my H1B stamping ???

[swathi]

thank you gc0907

[Sirisha]

Hi friends,

I've an issue.
I am on H1 from 2007 and I applied for my 1st renewal in Aug 2010 with my approved 140, for which I got an RFE and later got approved on march 2011.

My priotity date is july 2008 and my 140 got approved in 2010

the question is, now i got one more RFE saying that if I dont answer it , they will revoke my h1.

I am now worried... If they revoke my H1, what will be my green card status?

I am just stressed out, I dont know what effect it'll have.. and my attorney is on vacation.....I really appreciate your suggestions..


Thanks in advance..