No announcement yet.

NEED INFO on H1B......Very Urgent

  • Filter
  • Time
  • Show
Clear All
new posts

  • NEED INFO on H1B......Very Urgent

    Hi, I have few questions that I would like to know for sure which are really bothering me for my upcoming trip to India.

    My H1B Visa is expiring in April 2004. I am planning to travel India next week and return back in the Feb 2nd week. My employer will be applying for H1B extension right after I return from India. As a side note, my Green card is in I485 stage.

    1) Will I have any problems with the INS while coming back to USA as my visa will be expiring very shortly ?
    2) Will I have hard time with the INS (if they ask me at the port of entry) as they will get to know that I am applying for H1B extension and planning to stay as they will get to know anyways about my Green card processing?

    3) Is it ok for me to continue to work while my H1 B extension is pending as H1 B extension process may take longer than 1 and 1/2 month (My employer will be applying H1B extension on Feb 2nd week while my old Visa expires in April 2004). If I can stay, how long I can stay?

    [This message was edited by gary on January 14, 2004 at 06:25 PM.]

    [This message was edited by gary on January 14, 2004 at 06:26 PM.]

  • #2
    1) As long as you have a valid H1-B visa stamp on your passport, you're ok from the legal perspective.
    2) H1-B is a dual-intent visa. No problem re-entering the US with it even if you have a I-485 pending.
    3) Technically, you're out of status and shouldn't work when your H1-B expires and the new one is being processed. You can use your EAD if you have one, but this will take you out of H1-B status alltogether (and its not recommended by most immigration expert). I think this is a situation where premium processing for H1-B will be advantageous.

    Just FYI, you do realize that you can switch to use EAD (& AP for reentry to US) and move completely away from H1-B alltogether? It has its advantage, especially if your I-485 has been filed for more than 180 days. EAD will allow you to take advantage of AC-21 and work for other company if you choose so, or if you should happen to get laid off.


    • #3
      Hi Marmaduk,Thanks for your advice. I was chatting with the lawyer and accordint to him, I should be able to continue my work while my H1B extension is peding.


      • #4
        I am sorry marmaduk, I am confused. I thought EAD's were valid only for a year, and once you moved to an H1, they are not valid any more. Under what circumstances can a person have both a valid EAD and H1? I am myself waiting for my EAD, and will apply for an H1 immediately thereafter, hence my inquiry. Please do answer. Thanks in advance.


        • #5
          EAD is indeed only valid for 1 year, but there're many sources for EAD. There's EAD for F1 student that undertakes OPT. There's another EAD for those I-485 adjustee thats still waiting for their GC, etc. Depend on what your immigration status is, its possible to go from EAD to H1-B and vice versa.


          • #6
            Marmaduk, I have one last Q. If an individual is on a valid F-1 visa, is issued a valid one year EAD, and within a month of issuance of EAD s/he goes on an H-1, can s/he revert back to the EAD after six months?

            Sorry for so many questions, but please do answer.


            • #7
              I assumed the individual is on an OPT based EAD? If thats the case, no I don't think its possible.


              • #8
                Thanks, I understand now. I am a bit slow .