H1B transfer vs. Dependent EAD + Travel Issues

[JJ08]

Hi, I need urgent help!

Apologies if this has been covered in the past but I have been doing lots of reading online but I am still a bit confused. Here is my situation:

I have received the AP and EAD approval through marriage based greencard application, but we are still waiting on the interview date. I'm currently still under H1B status with my current employer but my H1B visa stamp has expired. I have found a new job and going to start in May with the new company. I also plan to travel overseas next week and return before I start my new job. I'll have to return to the US on AP. My questions are:

1. After I return to the US on AP, should I use my EAD with my next employer or should I transfer my H1B over?

a. if I use EAD/AP card with my new employer, can they still apply for H1B extension while I'm working on EAD?

i) if so, will I be subject to the H1B annual cap

ii) will I have to leave the country to get the new H1B extension since I will return to the US on AP?

b. if it's better to have H1B as a backup, should I ask my new employer to start H1B transfer now while I'm traveling? or is it even possible?

I guess the ultimate question I have is if it's a good backup to have the H1B status, should I have my employer transfer now, without interferring my travel in the next two weeks or can I wait until I come back and start my work with EAD?

Thank you very much!

Jessie

[pontevecchio]

1. Assuming you are married to an USC forget the term H1 from now and use the EAD till you get the GC ion hand. a. If you are married to an USC forget the word H1 for ever. b. Marriage to an USC trumps anything and everything.

[JJ08]

Thank you for your reply. so it's unlikely to have any issues? I just want to make sure in case anything fell through, I'd have a backup plan. It seems many people recommend to keep the H1B.

If my new company does sponsor the H1B for me, can they transfer while I'm traveling overseas?

If they don't file the H1B until I return to the US, can I file H1B petition for me after I use the EAD? Would I be subject to the annual cap?

Thank you,

Jessie

[pontevecchio]

Let me ask you. Is the Marriage genuine and not for other purposes? If genuine you have nothing to worry about. Please use the AP to return and the EAD to work.