2 Week Employment gap between H1B Job and EAD Job

[sap81]

Hi All,

Thanks in advance.

I'm on H1B and planning to switch to new Job on EAD with I485 pending more than an year. My question is

1)Would there be any problem with Gap between employments - I'm having a 2week gap between last day of employment on H1B and the first day of employment on EAD.

Again i'm primary applicant of I 485

Thanks

[pontevecchio]

No problem.

[murthybabu]

As long as your 485 is pending, you can stay in this country legally without working at all. So gap period doesn't matter. The moment you stop working, your H1b is no longer and you become a parolee. So you need AP to travel outside and come back to US.

[sap81]

Hi All,

So what i understand is the gap between last of H1B employment end date and EAD Job Start date is ok, because its only 2 weeks or its the law

Can anyone please clarify

Thanks

[Belle]

When I-485 is pending you can stay in the US legally. I-485 itself, however, provides no status.

EAD gives you the right to work. There is no obligation to work. EAD (used or unused) does not provide status.

Once you no longer work for an H1 employer, you are out of H1 status. Unless you get another H1 approved with a I-94 at the bottom, you will have no status. You will be legally present based on the pending I-485.

It is not clear what category your I-485 was filed in, but you need to make sure you maintain elibility for your green card especially, if you no longer have status.

[pontevecchio]

Please read post #3 again.

[sap81]

Hi,

I'm just confused . Based on Post 3,On the last day of H1B job , I'm a parolee because i have EAD right. So in order to become a parolee, i need to leave the country and enter USA using EAD(AP) to be on status.

I spoke to attorney , he said after the last day of H1B Employment date , you will be automatically in EAD and even though you have GAP of 2 weeks its ok and the when the USCIS issues actual Green Card you need have an employment.

My Questions are

So do i have to travel outside USA and come back right before my New Job on EAD starts or Can i be in USA without leaving the country and start the new Job with 2 ead and 2 weeks i will be in USA with out pay. I want to make sure i don't have any issues if future when my priority dates are current

I'm on EB2 Nov 2007

Can any please clarify

Venkat

[murthybabu]

Venkat, your attorney is right. If your greencard is pending and you haven't left USA, then your status is 'pending AOS' and you are legal to stay in USA till they make a decision on your 485. DO NOT LEAVE country without AP. You can start you job on EAD when ever you want and doesn't depend on leaving country. The dates for India EB2 are going to move in the next bulletin. 

[OMGEAD]

if there is employment gap between H1B AND EAD job is more than 2 months ,then there is any issue while processing green card?

[pontevecchio]

The post is 6 years old. As long as your AOS is pending you are legally allowed to stay with or without work.

Your post also reminds me that I have been pontificating for too long in this forum.

Edited August 24, 2019 by pontevecchio