Gap Between H1B Job End Date and EAD Job Start Date

[sap81]

Hi All,

Attorney please reply/advice

Thanks in advance.

I'm on H1B and planning to switch to new Job on EAD with I485 pending more than an year. My question is

1)Would there be any problem with Gap between employments - I'm having a 2week gap between last day of employment on H1B and the first day of employment on EAD.

I would out of status for those 2 weeks, do i have to leave the country for 2 weeks or can i stay legally with in USA without work because i have EAD

Again i'm primary applicant of I 485

Thanks

[JoeF]

You aren't out of status. The pending I-485 keeps you legal.

[Belle]

You aren't out of status. The pending I-485 keeps you legal.

Technically he is. Legal presence does not equal status.

I am not going to provide any more information because this particular poster seems to have a positive correlation between the amount of information he gets and the amount of confusion it creates.