Am I on H1B or EAD??

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puja101

Registered Users (C)
My friend got EAD in 2005 but has been working on H1B.He accepted job offer from a company and accepted it. He served 2 weeks notice to his old company and new company started his H1B transfer process.On the last day with his old company he worked couple of hours for new company and entered time in their payroll system. After few days with new company he came to know that his H1B is yet to be filed with USCIS and new employer told him that since he entered time in their payroll system and received check for those hours with out H1B transferred, he has no option except to use EAD now. Meantime my friend feels that he has been betrayed by new company and withdrew his resination with old company. He just worked three days for new company and submitted resignation to new company and joined back old company. He just wanted to know what is his visa status? Is he still on H1B or EAD? He is ready to pay back money he received from new company and wanted to continue on H1B. Please help
 
It looks to me that since he worked without a receipt of his h1b transfer he is using his EAD.
 
No.
Why is it such a big issue for him to be on h1? He can always get back to h1b later if the real need arise by going out of country and re-entering with h1b visa.
 
I have learned fromthis forum that once you use EAD, you lose H1B status. Only way to go back on H1B is if a company files afresh H1B sponsorship petition.
 
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