H1 485 EAD back to H1

[H1_485EAD_H1]

I was on H1 for several years and filed I485 AOS under EB2. I received EAD/AP.

Since priority dates retrogressed i have been working on EAD for the past 4 years and travelling on AP. My last H1 expired more than 3 years ago.

I am now changing jobs, my new employer wants to file for H1 extension before filing for 485 porting under AC21 as an extra precaution.

1) Is it possible to go back to H1 after a gap in H1 status (while being present in US for the entire period)?

2) any other implications i should be aware of?

3) has anyone had issues with Supplement J filings for job portability?

 

For Q1), the only reference i found online is here and it appears to be a new provision from 2017

http://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/AC21_Rule_Effective_January_17,_2017/

• 3-year extensions of H-1B status beyond six years under AC21 104(c)
  • Per-country per country or worldwide immigrant visa cutoff basis
  • Must be beneficiary of approved EB-1, 2, or 3 petition
  • Do not have to be in H-1B status at time request is filed
  • Extensions 3 years at a time

 

[care_candidate]

New employer do not have to file H1b. Or in other words, you are no longer allowed to have H1b. H1b to EAD is irreversible change of status.

[H1_485EAD_H1]

Thank you for your reply, i know its a little late, as I didn’t logon since march 2018. Just to clarify, at that time, my new employer filed for a h1 and it was approved, but to use it i would have required visa stamping. Then I ported my 485 using supplement j. The h1 was just a backup in case something went wrong with porting.