While AOS, Which is better H1 or EAD?

citizen100

Registered Users (C)
I have filed i-140 about a month ago and am about to file i-485 in the next few weeks.

In case I get laid off after the i-140 is approved but before the i-485 is approved or pending for 6 months, am i better off if i'm still on my H1 status or it is better to have the EAD at that point?

So, in other words, once i apply for the i-485 should i also get EAD or stay on my H1? which one is better in case i get laid off during the process?
 
It is better to have EAD in hand

It is better to apply EAD along with I-485. I think if you use 180-day rule , EAD will be helpful to join a new employer (provided the job belongs to the same category as advertised or similar to the one mentioned for LC process). Some employers freshly file H1 , when you join them after 180-days. EAD might be useful, while negotiating. My friend was laid off exactly after 180 days and he joined a different company with the EAD, his empoyer didn't harm his GC process..


PS: Please consult a lawyer for legal opinion.
 
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