On H1B and have EAD - Can I change jobs?

[to_vaib]

Hi,

I have an approved EAD (PD: Sep 2008, EB2-India) however I'm not using it. I'm still on H1B as my company policy is to extend both (EAD+ H1B) until we get the GC. Now my question is if I change the job on H1B (H1 transfer), would my EAD will still be valid? Do I need to do AC21 even though I'm not using my EAD?

Please let me know.

Regards

Vaibhav

[ven7782]

Yes, yes and Yes.

You can change Jobs on H1B transfer, Your EAD will be valid and you will have to file an AC21 even if you don't use the EAD.

[Belle]

EAD is valid for as long as your I-485 is pending. Your H1 has no impact on it. AC21 is totally separate from EAD or using EAD.

[to_vaib]

Thanks. But My question is still unanswered.

I know that EAD is valid as long as my I-485 is pending. So let me ask again. Since my I-485 is pending and I have EAD but i'm not using it (What I mean is that I haven't entered US on EAD yet, always on H1B). So now if I change my job on H1B, Can I still keep my I-485 with the original PD i.e. Sep 2008? And if yes, whats the process called?

Regards

Vaib

[pontevecchio]

Yes. It is called Awaiting Adjustment of status to PR when the dates become current.

[Belle]

Thanks. But My question is still unanswered.

That's because - and I quote "to ask the right question you need to know most the answer". Read about AC21. Read about EAD. Understand the basics of the process first, then we can clarify.

[to_vaib]

Hold on a second....no one forced you to reply..so please dont be obliged to answer each and every thread on this forum. I was under the impression that this forum is designed to help people who doesn't have all the knowledge regarding complex US immigration law. If I knew everything about the process...why would I post my question here at the first place and give you chance to be arrogant?

Vaib

[pontevecchio]

The EAD is valid unless the AOS is revoked for fraud. AC21 notification is not mandatory. It depends on the circumstances of your case and can vary case by case and lawyer by lawyer. It is not appropriate to take out your problems on volunteers who have no nexus .

[sk.january]

I know that EAD is valid as long as my I-485 is pending. So let me ask again. Since my I-485 is pending and I have EAD but i'm not using it (What I mean is that I haven't entered US on EAD yet, always on H1B). So now if I change my job on H1B, Can I still keep my I-485 with the original PD i.e. Sep 2008? And if yes, whats the process called?

Regards

Vaib

Even if you entered US on EAD (without H1B visa) you will be in H1B status if you have an un-expired H1B from the sponsoring employer and in AOS status if you don’t have a valid H1B with sponsoring employer or not working for your sponsoring employer and don't have a new H1B with your new employer. You can keep your 485 processing and move to a new sponsoring employer if your 485 is pending with USCIS for more than 180 days; this is called AC21.

The EB2-India date movement is sluggish; so there is a fair chance in an year or two when your PD is current USCIS might ask for employment verification again.

You can use AC21, so your pending 485 processing is transferred to your new lawyer/employer who can answer any RFE’s related to employment and position. The new position offered should outline similar requirements and responsibilities as the one from your previous employer (labor/140 approved employer). EAD is not a status; H1B and pending AOS are and you can keep renewing EAD until your 485 is pending with USCIS.

As other senior members suggested, any immigration matter is unique with case and the immigration attorney handling it so do consult a good immigration attorney. Read more about AC21 so you can know/get a basic understanding of the process; so you can clarify your doubts when you consult an immigration attorney.

Good Luck !!!

[to_vaib]

Thanks guys. Appreciate it