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Disadvantages of being on EAD.

- Under EB3 if you filed your I485 in 2007 Fiasco then every 2 years you have to pay $380 per application to get it renewed.
- Some states will issue drivers license based on this EAD expiration date.
- If you are travelling to India you can directly go to India from USA, if not you have to go through only Amsterdam or Dubai.
- After a hectic travel you may have to wait few more hours at the port of entry.
- If you filed I485 after 2007 then every year you have to renew, so every year for 2 months it is a kind of anxious waiting moments.
- If the EAD is delayed for more than 3 months by which crossed the expiration date on the current EAD, you have to go through a hell in getting the new one, during this period I think you not eligible to work, you have prove that with out EAD you and your family is going to face severe financial hardship ..... (Infopass, Congressman Ombudsman ....)
- Your drivers license have to be renewed every year.
- The thing I hate the most is, if god forbid something happens to I485 then you have no status you have to leave the country with in the time frame they mentioned, EAD is not a Status.
- If you transfer to a new employer on EAD your old employer may revoke your I140, this is a mess .
- If you transfer to a new employer and if your job profile is not same as your old job profile , this may lead to a mess during I485 stage .

Advantages.

- You don't need a sponsorship if you want to transfer to a new employer.
- You don't have to go through Visa stamping.
- You don't have to have continious employment , but you need to have a job when your dates become current.



Disadvantages of being on H1.

- You have find a new employer who can transfer you H1
- You have to go through a hassle of Visa stamping if current visa expires and you have to make an international travel.
- You have to maintain continious employment through out the period.

Advantage(s).

- If god forbid some thing happens to I485 you can continue to work still your H1 Expires.
- Generally your employer do your H1 extenstion so you don't have to worry much about the paper work and attorney fees.
- If H1 Extention is pending ,and your current H1 expires, still you can work.


I always recommend you to stay on H1

- Travel with AP to avoid Visa stamping once you are back in USA, before your I94 expires file for your H1B Extension.
- In the I9 Form always give your H1B information.
- At POE if they ask , give them the impression that you are going to use EAD only, if you give them any hint saying I still have valid H1 then they have every right to send you back.
- Since you waited till EAD , you might as well wait till you hit the home run (GC).




Posted by: Vamsi      Date: 2015-08-14


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