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
2 Answers from Attorneys
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.
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Re: question on using H1 or EAD
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