h1b4eva Posted June 14, 2021 Report Share Posted June 14, 2021 Hi, Here is my scenario: I work on an H1-B. My I-797 is valid till 2023, but my stamp had expired in 2018. I also have a greencard application in progress and I have my EAD+AP card. I had to travel to India unexpectedly due to my father's passing. Since the consulates in India were closed, I came back using my AP. I am also in the process of switching jobs. My understanding is that since my I-797 is still valid, I can technically get my H1-B ported to the new employer. Is that correct? Is it advisable to try to stay on H1-B, or should I just use my EAD to work for the new employer? Quote Link to comment
Zodiac System Posted June 15, 2021 Report Share Posted June 15, 2021 EAD card gives you more flexibility. Let your new employer decide on whether he wants to transfer your H1b or use your EAD for work authorization. Quote Link to comment
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