H1 and EAD, basically your own decision

If I do go outside to activate H-1, do I do it in US embassy overseas when I apply for visa stamp to return to US? If I reactivated H-1b, what happen to my EAD? Will I drop AOS by reactivation of H-1b?

any consulate is fine. After you return, your EAD will be still valid (actually your EAd is valid for 1 yr as long as your 485 is pending). No. Your will be always on AOS as long as your 485 is pending. WHen you use EAD again, your H1b will be invalid again... and so then you may go out to consulate to activate H1 again,if you want...

Most of recommendations on H-1b vs EAD, or AP vs H-1b visa issues are: using H-1b as much as possible. What is the benefit of staying in H-1b in my case then? NONE?
Usually yes, because in case you lose 485, you will not be out of status with valid H1. Thus, You have to make your own decision, ie. to justify how risky is your 485. If you miss some documents or loosing job, or other worries about changing jobs etc. Then you go for H1, and dont use part time job with EAD.

Since EAD has to be renewed every year ( for me, probably 5 years since EB3), and it is very possible there is a gap in-between. Without EAD, can I legally stay in US until the new EAD card received?

You can legally stay in US as long as your 485 is pending, no matter you work or not, or have a EAD gap or not. You will be out of status till your 485 is unfortunately denied. However, without EAD, you can not work.

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• 回複：H1 and EAD, basically your own decision -dough- ♀ (66 bytes) () 12/29/2007 postreply 11:02:27