sovon Posted April 28, 2015 Report Share Posted April 28, 2015 Hi All, I am planning to change my job using my EAD. I have a I 485 that has been pending for more than 180 days. My new employer insists that I join using my EAD, and then transfer my H1. My H1 is maxed out and I am having an H1 due to approved I-140. Please tell me if it is okay to join using my EAD and then transfer my H1? Regards, Sovon. Link to comment
Attorney_20 Posted May 15, 2015 Report Share Posted May 15, 2015 As soon as you use the EAD, you fall out of H1B status. If you later want to get back in to H1B status with the new employer, it will require traveling and visa stamping. If the I-140 is withdrawn by the original employer (e.g., because you left the company), you would not be eligible for an H1B extension anymore. If you really want to maintain H1B status, you will need to have company B file the H1B extension while you are currently in status. Link to comment
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