Pending I-485 with valid EB3 EAD/AP - Do I fall under H1b 60 day grace period to find new job ?

[Hari_Ch]

 I am currently working on H1b. I have a pending I-485 petition with USCIS filed by Employer A  in 2021(filed more than 18 months ago) and I have received my Green Card EAD/AP in EB3 category which are valid until August of 2023. Shifted to Employer B in October of 2023.Employer B with whom I am currently working filed for I-485 Supplement J (pending with USCIS) and I already received my extended EAD/AP cards which are valid until 2025 August.

 

Employer B is doing mass layoffs and I can potentially be impacted. If I do, Can I legally stay in USA and work using my Greencard EAD or will I have to find a job with in 60 day h1b grace period ?

[Attorney_10]

If you have a pending I-485 application, then you can work pursuant to your EAD and are not required to renew your H1B. However, if possible, it is generally recommended to maintain H1B nonimmigrant status while your I-485 application is pending as a back-up if problems arise with your I-485 application.

Every case is different. Therefore, prior to taking any specific action it is advisable to speak with an experienced U.S. immigration attorney as there are nuances to any situation and approach. https://www.murthy.com/client-services/hire-us/