Move from valid H1B to approved 485 EAD - Advantages/Disadvantages


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Hi,

I'm currently on a valid H1 job with approved 485-EAD in hand. I'm planning to move from H1B to 485-EAD to do second job (not same as the primary).

Question here is:

  1. Is it safe to move from H1B to 485-EAD?
  2.  When GC date becomes current, will I have any issues getting final GC?
  3. Any other unknown issues or risks or implications?
  4.  What are the advantages.

Pls let me know ASAP. Thanks!

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  • 2 weeks later...

Hello,

In a situation such as this, moving from H1B to the EAD is permissible. However, please note that the applicant will no longer be maintaining non-immigrant status and will be considered to be in a period of authorized stay during the time that the application is pending. Therefore, if the adjustment of status application is denied, the applicant will be required to immediately depart the US. Working pursuant to an adjustment of status based EAD does not negatively impact the application itself. However, employment based green card applications require that the sponsored employee begin working for the sponsoring employer when the green card is approved. Each case is unique and you are advised to discuss your individual circumstances with knowledgeable immigration counsel. 

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