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by outworlder 1402 days ago
> and for everyone else means a >1 year wait while PWD, PERM and I-140 process.

Filed I-485 in 2020. Still pending. It's currently way more than one year. Some 2022 filers are getting it in a matter of months, but older applications are taking forever.

> The work permit (I-765) does not allow you to enter the US, only to work when already legally in the country (for example, via an H-1B).

H1B allows one to work, by itself. If you get a I-765(aka EAD) and you use that, you immediately lose your H1B status. Which is fine as long as your application is pending. If your I-485 subsequently gets denied, you have to leave and you just lost your shot. Game over. You have to start again from scratch. Assuming you didn't incur in too much unauthorized stay, as you'll get hit with retroactive unauthorized stay.

Most H1B holders do not use their EAD because of that. Note that it's different from the EAD you get as a L2 (spouse of L1). That one doesn't mess with your status. Unless you get EAD pursuant to your green card application. That one messes with your status.

Same with advance parole. H and L visas don't need that to travel.

You can get your H1B status back if you file for an extension.

1 comments

And even then there are always more caveats of course. For example, while as you say H-1B's generally don't rely on EAD/AP, H visas are 6 years and can be renewed indefinitely once I-140 is approved, whereas L visas are hard capped at 5-6 years. This means there is serious risk for someone on an L visa to max out their visa and end up being forced to rely on the Employment Authorization Document (EAD) and Advance Parole (AP). With all the problems that brings. This can easily happen if just a few things go wrong (e.g. during the PERM stage - hiring freezes, PERM audits, random covid fallout like legal uncertainty around how notice posting requirements interact with company wide work from home...). That is one reason why many L-1's like to play the H-1B lottery every year.