Abandoning Non-Immigrant Work Visa for GC EAD
Blind Community, just a thought discovery post (there are no right or wrong opinions); so please share your take.
- Have been in US for 13 years (on H1) and been working on the Green Card application for ~10 years; was able to utilize the Oct / Nov 2020 Filing Date chart movements to file for an AoS (Priority Date in 2014). Recently received the GC EAD / AP Combo Card.
- Have been through a couple of impacts in the 13 years. Last time it was difficult as there was no 60 day H1 grace period. In the recent past it was a bit better; due to the 60 days.
- There are no problems in my background checks; which some say can be basis of i-485 denial, when the date becomes current.
I hear differing opinions from lawyers:
- Some say i-485 denials happen in very rare cases; ensure you have a bonafide job offer (same category / responsibilities as your original PERM job) before your AoS interview. They also say, lawyers who advice to maintain H1 are just saying that so you can keep spending money on H1 extensions and why would one avail the EAD benefit as an interim step if you were not going to ever use it.
- Some say it is safer to maintain H1 status; because if i-485 gets denied you don't go out of status immediately due to being on H1.
Wanted to see what are the opinions in this forum on switching to GC EAD / AP if it was received.
PS: After a lot of search (and talking to attorneys); I could not find an informed discussion around this anywhere, so thought of starting one to help the ones who may be pondering before they make a choice (and to potentially help the people who may eventually be in this stage).
In my mind (as of now) the main benefits of moving to EAD / AP card are:
1. Self renewals and reliability (not attached to a particular employer)
2. No 60 day rush to find something (as impacts have become pretty common in past few years and it really isnt 60 days as a new company needs 3-4 weeks after offer / reference & background checks, for LCA, Paper Prep etc before filing H1 transfer)
3. Ability to take a break OR just spend time with family
4. Ability to join any employer quickly, without needing to wait for a complicated H1 transfer process to be initiated / complete
5. The number of opportunities (big, small, consulting etc) available to you, go up (I have personally experienced this)
6. Ability to travel outside US without need of stamping
Per the advice I have gotten, the downsides are:
1. Possibility of AoS Denial (many agree this is a potential risk)
2. EAD / AP requiring renewal every 1-2 years (based on the time you get on your card)
comments
TLDR entering on AP on H1B isn’t the same as entering using H1B visa. See if the cons concern you.
Why do you buy life insurance if YOU do not use it? Treat EAD/AP card like insurance.
Also, use AP to exit/enter the country. No Visa stamping ever in your life.
The few reasons our law firm has given to stick on to H1B were:
- H1B has 3 year period vs 2 year period for EAD/ AP
- Avoid secondary inspection which happens everytime with an AP.
I’m going to stick to H1B and use EAD/ AP as a backup for rare situations H1B isn’t allowed to re-enter but AP does.