回複:求教8老師:About using EAD card

回答: 求教8老師:About using EAD cardchingstonian2012-05-29 07:50:51

My current H1B will expire on Sep 1st. I485 is pending for three months. I am thinking to use EAD card instead of renewing H1B. Here comes a few questions.

1) My EAD card is only good for one year. So, if I485 is still not Current within one year (or hasn't processed yet) and I have to renew the EAD card, can I renew it by myself without an employment letter (i mean if I don't have an employer at that time)?

-Yes. You can renew it in advance up to 120 days before the old EAD expires no matter whether you have a job or not.

2) If I use EAD cross the border (say, Canada to US), will I get a new I-94 even if my current I-94 associated with H1B is still valid?

-You can not use the EAD card to travel unless the card is EAD/AP combo card. If your current H1 I-94 has not expired yet, you can use this I-94 to enter Canada and return if you will return to US in 30 days from Canada (no new I-94 is issued in this case), but if you stay in Canada for > 30 days, you need to  get the H1 visa to come back and get the new I-94.

If you use AP or EAD/AP combo card to travel, you will get the new I-94 (parolee I-94) when you return to US. 

Thank you.

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