EAD vs. H1B and Related Issues

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding work authorization pursuant to EAD and/or H1B.    

 

Rules for Topic of the Week Threads:

 

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 

4. Please do not provide information which would identify any specific company, university or individual.

[vijaybalaji]

Hi,

Currently Me and my wife both are in different H1B(valid till 12/31/2016). We recently got EAD/AP based on EB1. Priority date for EB1 changed back to 2010. Now should we apply for H1B renewal or stay in EAD? Will there be any RFE for I-485 approval?

Thanks,

VJ.

[sanjayveedu]

Hi Murthy Team,

 

   I am currently on EAD and have been on EAD since 2012.

I have been with my original employer who filed my petition for the past 10 years and 4 years since I recieved my EAD.

I am planning to switch my employer. The job title and the salary has been matched and AC21 will be filed by the new employer.

 

Are there any other EAD related issues that should be taken care of?

 

Thanks,

SK

[k1s20]

Hi,

 

I (primary beneficiary)  am using I-485 EAD and it expires on Jan 2017. I am in the process of renewing the EAD, do I have to stay with the current employer during the processing time or can I accept a job with same duties but different employer?

 

Any advice/help is greatly appreciated.

 

Thanks,

K

I am on I-485 EAD (primary beneficiary) status and it expires on Jan 2017. I am in the process of renewing the EAD, do I need to stay with the current employer during the processing time or can I accept a job with same duties but different employer?

 

Any advice/help is greatly appreciated.

 

Thanks,

Krishna 

[knkart1]

Hi,

 

I have an EAD/AP card that is valid till Feb 17th 2017 and H1 extenstion that is valid till July 2017. I used my EAD/AP card at port of entry in 2014. So is my current status EAD or H1 or AOS with H status?

 

My original employer lay me off recently, so how much time i have to find a new employer? Once i find an employer that can file for me a position similar position (original employer is not going to revoke the I-140), would i use my EAD (AC21) or perform a H1B transfer to new employer?

 

 

Thanks

KN

[ken57210]

Hi, 

I have EAD/AP on my hand on Family base & Waiting for interview since last Five months due to category retrogressed. At preset working on H1B.  Can I start working on EAD  or any risk factor is there?

 

If anybody can help me with this issue. 

 

Thanks

 

Ken

[Attorney_22]

Hi,

Currently Me and my wife both are in different H1B(valid till 12/31/2016). We recently got EAD/AP based on EB1. Priority date for EB1 changed back to 2010. Now should we apply for H1B renewal or stay in EAD? Will there be any RFE for I-485 approval?

Thanks,

VJ.

It is generally advisable to maintain your H1B during the pending green card process, but it is not required. A key question for you will be whether or not the EB1 I-140 was approved. Secondly, are there are reasons why I-485 may not be approved. 

[Attorney_22]

Hi Murthy Team,

 

   I am currently on EAD and have been on EAD since 2012.

I have been with my original employer who filed my petition for the past 10 years and 4 years since I recieved my EAD.

I am planning to switch my employer. The job title and the salary has been matched and AC21 will be filed by the new employer.

 

Are there any other EAD related issues that should be taken care of?

 

Thanks,

SK

That is a very broad question. Do you have any specific concerns you would like to discuss? 

[Attorney_22]

 

Hi,

 

I (primary beneficiary)  am using I-485 EAD and it expires on Jan 2017. I am in the process of renewing the EAD, do I have to stay with the current employer during the processing time or can I accept a job with same duties but different employer?

 

Any advice/help is greatly appreciated.

 

Thanks,

K

I am on I-485 EAD (primary beneficiary) status and it expires on Jan 2017. I am in the process of renewing the EAD, do I need to stay with the current employer during the processing time or can I accept a job with same duties but different employer?

 

Any advice/help is greatly appreciated.

 

Thanks,

Krishna 

 

An EAD is tied to a pending I-485 and not an employer. Meanwhile, an I-485 is tied to a valid basis for legal permanent residence, such as a job offer. In the employment context, as long as a new position qualifies for AC21 you can change employers despite the need to file an EAD extension (of course a valid EAD is required for work authorization). 

[Attorney_22]

 

Hi,

 

I have an EAD/AP card that is valid till Feb 17th 2017 and H1 extenstion that is valid till July 2017. I used my EAD/AP card at port of entry in 2014. So is my current status EAD or H1 or AOS with H status?

 

My original employer lay me off recently, so how much time i have to find a new employer? Once i find an employer that can file for me a position similar position (original employer is not going to revoke the I-140), would i use my EAD (AC21) or perform a H1B transfer to new employer?

 

 

Thanks

KN

 

As long as your I-485 is still pending you are in a period of authorized stay. It is advisable to find a new position that qualifies for AC21 as soon as possible (assuming it has been 180 days since the filing of the I-485). Whether or not you can file an H1B change of employer petition with extension will depend on when the petition is adjudicated and the adjudicating officer's discretion. To discuss this in more detail it is advisable to schedule a time to speak with one of our attorneys. 

[Attorney_22]

Hi, 

I have EAD/AP on my hand on Family base & Waiting for interview since last Five months due to category retrogressed. At preset working on H1B.  Can I start working on EAD  or any risk factor is there?

 

If anybody can help me with this issue. 

 

Thanks

 

Ken

There is always some degree of risk when you do not have the safety net of an H1B to fall back on if the I-485 is denied. However, in many circumstances it is not always necessary to be that conservative. You should discuss the pros and cons with your attorney who filed the family-based application.