Using EAD when H1 is still active. What happens to H1B

[sun81]

Hi everyone,

I have H1b & EAD from Company A and I am planning to join Company B using my EAD.

Does using my EAD automatically de-activate my H1B status?

What happens if I do not get EAD extension or the EAD extension is rejected for some reason in the next couple of years? In that event of EAD not getting approved/rejected, what are my chances of getting back to H1 Status and what is the process for that? I hope I still count towards the H1 Cap exempt.

I wanted to be 100% sure before moving to the new company using my EAD and NOT H1B.

Any help here is highly appreciated. Thanks in advance. 

[JoeF]

When you use the EAD you are no longer on H1. And H4s for dependents would also be invalid.

An employer can of course file a new H1 petition for you, and you would have to start working on that H1 when it is approved.

Edited January 17, 2022 by JoeF

[sun81]

Thanks for your response, Joe. 

One other question. When you mentioned the new employer can file a new H1 petition, does that mean they can file the H1 based on my approved I-140 or I have to go through a fresh H1 lottery.

Thanks for your response.