Do I have to maintain an EAD if I have my H1B ?

[jacob_412]

My AOS was filed a few years ago and I have been maintaining my H1B status. I also have my AP and EAD.

I have not changed my job since my AOS was filed, but my company was acquired and an AC21 was filed after the acquisition.

The last time I entered the US, I used my AP.

Do I have to maintain my EAD going forward ? Given that I have maintained H1B, will I be out of status if my EAD expires ?

Thanks !

[pontevecchio]

EAD has no connection to status.

[jacob_412]

Thanks for the response "pontevecchio"

So, I guess my follow-up question would be, can I continue to work using my approved H1B (not stamped on passport) even if I entered the US on my AP ?

Thanks again !

[pontevecchio]

This is a grey area and you will find that Lawyers are totally divided. Why cannot you work in H1 or EAD status ? If you come back on AP you would be considered to be awaiting AOS. You would need to inform HR and use the EAD. You can always go back to H1 status by filing a petition.