EAD and Valid H1B - Both?

[gdk]

Hi: Status: I485 filed/AOS/valid or current EAD/also have valid H1B

Q1: What are the advantages of keeping status H1b valid and also have a current EAD?

Q2. If I insisit the new employer to transfer H1B, can i start working immediately for the new employer OR do I have to wait for the the approval of H1b transfer?

Q3. If I switch employer based on EAD (which i can do as EAD I have EAD for more 6 months); what will be my status? what will be my family's status?

Thank You All.

[JoeF]

There isn't really any advantage to keep an H1 if you have an EAD. You are much more flexible with the EAD.

The only advantage an H1 has is that if you have dependents who haven't filed an I-485 the dependents can get an H4.

[tusharvk]

from a practical standpoint, there are issues.

With approved 140, you can approve h1b for 3 year increments.

with ead\ap combo card, 2 year validity period and need to ensure to renew in time.

[gdk]

If I use EAD for my next employment, what will be my dependents status ? - they are on H4 now. And I guess as soon as I accept a job on EAD, they loose their H4 status.

What documents will I need then I will for their driving license etc. to prrove their legal stay in US?

Thank You all

[JoeF]

If I use EAD for my next employment, what will be my dependents status ? - they are on H4 now. And I guess as soon as I accept a job on EAD, they loose their H4 status.

If they have pending I-485s, they stay legal.

What documents will I need then I will for their driving license etc. to prrove their legal stay in US?

The I-485 receipt notices.

[Attorney_25]

There are several reasons to maintain H-1B status after filing the I-485. One is that the process for the government to remove a person from the is much more difficult when a person has actual status in the US, such as H-1B. Neither pending I-485, EAD, or parole status provide that protection. A person with only those things generally can be removed through the expedited removal process.

Another reason is as a backup if the I-485 is denied for any reason.

Another reason is to keep dependents in a lawful status.

If a person abandons his H-1B employment to work on EAD and his family was in H-4 status and do not have pending I-485s, they will not only have no status but they will also not be able to file their I-485s, unless they fit into a certain exception.

An I-485 generally provides proof of authorized stay which usually allows for application for a DL, depending on the rules of the DMV in their state.