Advice Needed -

W

waiting2long4gc

New Member
Advice Needed - Please Help

Following is my situation:

My GC is applied from company A for future employment pending i485, I am working for company B on H1b, I have not worked for A after applying i485.

I have two questions:

1 - My i485 from company A is pending for more than 2 years, is it OK to work on EAD for any other company even though I have not worked for GC sponsoring company after applying i485, OR do I have to work for GC sponsoring company for atleast 180 days inorder to use EAD.

2 - If I join company A on EAD, can I join company B on H1b later after few months, OR once I use EAD I can not be on H1 again with company B ?

Thanks in advance.
 
Last edited by a moderator:
waiting2long4gc said:
Following is my situation:

My GC is applied from company A for future employment pending i485, I am working for company B on H1b, I have not worked for A after applying i485.
-----------------------------that is OK.
I have two questions:

1 - My i485 from company A is pending for more than 2 years, is it OK to work on EAD for any other company even though I have not worked for GC sponsoring company after applying i485, OR do I have to work for GC sponsoring company for atleast 180 days inorder to use EAD.
--------------------------- once I-140 is approved and I-485 is pending more than 180 days one becomes eligible for AC21. one can join new employer on H1 or with EAD(H1 is better option). one can use the EAD any time if one wants to use it and no need of waiting 180 days, one can use EAD with any employer.
2 - If I join company A on EAD, can I join company B on H1b later after few months, OR once I use EAD I can not be on H1 again with company B ?
-----------------if you join A with EAD then H1 becomes invalid. what is the problem with B? you are working on H1 with B and you are eligible for AC21, you can remain with B and can invoke AC21 with pending I-485 by sending same/similar job offer letter of B to USCIS. If you want to join A then why dont you ask A to file H1 transfer if want to work with A and want to remain on H1?
Thanks in advance.
Click to expand...

------------------- if one uses EAD and has H1 Valid petition of XYZ employer and goes out of US and gets H1 visa stamp then one can enter on H1 again even if used EAD in past. keep valid AP if problem in Visa stamping so that one can enter with AP. if one has valid Visa stamp with company XYZ in passport just exit and enter US on H1(if XYZ has job and XYZ has not revoked H1 petition by writing to USCIS)
 
visa77 said:
Once you use EAD your H1 B will not be valid - that was what I was told.
Click to expand...
once you use EAD H1 is invalid but if the employer has not revoked H1 petition by writing to USCIS and employer has job for you AND one has Valid H1 visa stamp then one can go out and can enter on H1 status(even if used EAD).
 
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