Posted by: STUPIDA August 2, 2018
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My viewpoint on the matter -
(things might have changed recently, but it is not hard to find related info online)..
1. start GC process ASAP. I know you brought the point that your employer might want you to be in H1 before they start GC process. They are looking for themselves. You do the same. Spend $$$ from your own pockets and somehow convince them.
2. Once you start H1 from Oct 1st, you are no longer in F1/OPT and thus your EAD is invalid. No longer can work on that EAD legally.
3. It was bad idea (unless you had ur personal reason to move to H1B like getting married and bringing spouse easily to USA or some sort) to file H1B this year when you had EAD up to June 2020. You could have waited next year or even until 2020. Not only that, Employer has upper hand once in H1B, while you are in upper hand in OPT/EAD. Plus you lost 2 years of possible work time (even if your GC is problematic)
4. Provided you went with H1B, once you file extension, you should be able to work or continue to work for the same employer. At least this was the case 2 years ago. do PP if available. Once in a while they shut it down PP temporarily if their work load is too much.
Now Think about not accepting H1B and going back into EAD. Personally I do not know how it is done or what are the consequences.
Just compare the benefits of each and see which best suites you and what level of chances you want to take.
(things might have changed recently, but it is not hard to find related info online)..
1. start GC process ASAP. I know you brought the point that your employer might want you to be in H1 before they start GC process. They are looking for themselves. You do the same. Spend $$$ from your own pockets and somehow convince them.
2. Once you start H1 from Oct 1st, you are no longer in F1/OPT and thus your EAD is invalid. No longer can work on that EAD legally.
3. It was bad idea (unless you had ur personal reason to move to H1B like getting married and bringing spouse easily to USA or some sort) to file H1B this year when you had EAD up to June 2020. You could have waited next year or even until 2020. Not only that, Employer has upper hand once in H1B, while you are in upper hand in OPT/EAD. Plus you lost 2 years of possible work time (even if your GC is problematic)
4. Provided you went with H1B, once you file extension, you should be able to work or continue to work for the same employer. At least this was the case 2 years ago. do PP if available. Once in a while they shut it down PP temporarily if their work load is too much.
Now Think about not accepting H1B and going back into EAD. Personally I do not know how it is done or what are the consequences.
Just compare the benefits of each and see which best suites you and what level of chances you want to take.
P.S. - Notes ...Many ppl failed to realize that GC through employment is for future job. You do not need EAD nor H1B or you can be in any other status. Also, You can be working or not even working. More You can be working for same employer who is processing ur GC or differnt one. It doesn't matter. What matters is that you have enough qualifications for the category of GC you are filing and then company is able to prove all steps during the process.
Last edited: 02-Aug-18 05:39 PM