Job Change

[tans]

Hi Guys,

PD: Mar-2006
I40 Approved: Dec-2006
485 applied - July-2007
Got EAD - Oct -2007
No. of years of H1 used : 4 year 8 months

Currently I am with employer A since jan-2006. Now I plan to switch due to a job loss.

My only fear is if employer A revokes i-140.


If 140 is revoked by employer A after few months, I might get NOID and I need to explain USCIS about my job change.

In this case, had i used EAD and filed AC21, i can show the proof of leaving job after 180 days. I am not sue about aht to show to USICS in case I moved to employer B on H1

My Question.

1. Should I use H1 now with new employer B or EAD?
2. Can I still file for AC21 if I switch on H1

[manwithnoname]

It's better to work in H-1B so that you can continue to work with the new employer even in the worst possible case. Suppose the previous employer revokes the I-140, resulting an erroneous denial of I-485. Had you used EAD you have to take a break till the MTR is filed and I-485 gets re-instated.