Legal Question in Immigration Law in California

question on using H1 or EAD

hi

after filing your i485 (filed on eb2 catogory based on employment) and getting your EAD card,

what is the differnce between using/travelling with your EAD compared to staying on your H1 till you get your

actual green card..

once if i start using/travel with EAD on advance parole, will my H1 gets cancelled and should i remain on EAD from there on.

please clariy


Asked on 11/12/08, 11:16 am

2 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: question on using H1 or EAD

You have the option to use both the employment authorization and travel permit interchangably with the H-1 for work and travel without any issue. With the EAD card, you can work wherever you want. If you enter on the advance parole, technically you're not an H-1 anymore. I prefer my clients to use the H-1 because there are more protections under the law if issues arise. It's like insurance. For example, without the H-1 in tact, if the EAD expires before the renewal is received, there would be a status violation for continued employment.

Contact me offline at [email protected] and check me out at http://www.yardum-hunter.com.

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Answered on 11/12/08, 11:26 am
Nikki Mehrpoo Jacobson The Jacobson Law Firm, APC

Re: question on using H1 or EAD

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Answered on 11/14/08, 2:53 am


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