H1B employer change and EAD question


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Case details:

Filed I-485 in January as dependent beneficiary since my souse priority data is current and got EAD in March.

I completed my 6 years H1 and have an approved I-140 from current employer which was approved in July 2011. My priority date is not current(Jan 2011) . I am moving to a different employer who is filing my H1b using existing i-140 from previous employer.

Here are the questions I have.

  1. If the new employer files for my H1B will my EAD be void?
  2. Should I let my new employer know that I have an EAD. If I say that I have EAD he might not file for my H1B.
  3. Can I use EAD with this employer and work on H1B with my old emplyer.
  4. When I checked with my attorney, he said that I can use H1B and EAD interchangeably. I don't think that is true. Can someone comment on this??
  5. If I use AP will my H1B status be void.


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1. No.

2. Your choice. There is no obligation to get EAD or tell anyone about it unless you are getting hired and need to prove your eligibility.

3. Yes. You will probably be considered to be out of status on H1, however, since you have EAD, your work is authorized in both cases.

4. You can use either. Nobody really knows if you would be considered in status if you switch back and forth.

5. Generally, the only way to be out of status is either not work for the H1 employer or have H1 expire.

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