returning on AP

[kumar134]

I filed I-485 in 2012 and have valid EAD / AP card.

I have an offer from another company which is also

willing to sponsor H1.

If I leave my current sponsoring employer, and travel

outside the country for 3 weeks before joining the new employer,

can I come back on AP? Or should I be working for some employer when I return to US on AP?

 

[Belle]

You can come back on AP. You don't have to be employed while I-485 is pending. A job offer is enough.

[kumar134]

Thanks Belle.

[kumar134]

I have one more question:

 

   If I start working on EAD for the new employer, can I apply for H-1B and switch to H-1B status for the same employer after working on EAD for a few months?

 

I filed I-485 in March 2012, and my H-1B for the current employer (who sponsored GC) is valid till 2015.

[Belle]

Your H1 petition is likely to be approved, however, COS to H1 may not necessarily so. In other words, you would have to come on H1 visa to be back in status, even if your H1 petition is approved.