switch job after EAD/AP approval but while I-485 pending

[rbajaj]

Hi,

I am currently an H1B visa holder working in USA whose EAD/AP has been approved and received. But my I-485 is still pending (its been less than six months since it was filed by my current employer) since the priority date moved back. In this situation

1) Can I join new company in a similar role with existing EAD? My EAD is valid till june 2013.

2) If no, can the new company file a H1? Now that the H1 quota for this year is over, is H1-transfer subjected to caps?

3) If I join with existing EAD, and if old company revokes underlying 140, does that automatically invalidate EAD, too? What are my options then?

Some inputs would really help me take a decision.

Thanks

Rahul

[pontevecchio]

1. You can work for anyone with an EAD. The same field applies if you use AC21 6months post AOS.

2. Yes and No.

3. You could use AC21 to join a similar job if it is 6 months past AOS filing .

Your questions indicate that you would do well to discuss your specifics with your Lawyer.

[permaudit]

@rbajaj - For the second question, you should be exempted from the cap since you were on H1 already.