Can I go back to H1 after using EAD?

[programmer76]

I am currently working on H1B visa with company A and company B has filed my green card as a future employer. My first step labor certification is already approved. I'm going to file for my I 485 and I 140 within few days and hopefully I will get my EAD soon.

The question I have is that

(1) if I start using my EAD card and after few months if I want to go back on H1 can I do it?And at that time will i be counted in new quota of H1 or it will be just an H1 transfer?


The reason why I’m asking this is that I work as a consultant and the company A who holds my H1B visa eats lot of money from my salary. It is only me who has found the project and doing all the hard work but they eat big percent of my salary just because they have my H1B visa. I know that I 485 processing can take up to 2 years. I was wondering if I can start using my EAD card as soon as I get it and just before few months when my I 485 is going to get approved, I reapply for my H1 with the company B who has filed my green card as a future employer.
(I want to go to H1 at that time just to be in safe side in case my I 485 is denied.) Can I do this?



(2) Lets say i do not maintain H1 status and start working on EAD as soon as i get it. Also i don't bother about my H1 status or anything. if my I 485 is denied then can i apply for F1 or H1 visa at that time?

 

[ginnu]

I am currently working on H1B visa with company A and company B has filed my green card as a future employer. My first step labor certification is already approved. I'm going to file for my I 485 and I 140 within few days and hopefully I will get my EAD soon.

The question I have is that

(1) if I start using my EAD card and after few months if I want to go back on H1 can I do it?And at that time will I be counted in new quota of H1 or it will be just an H1 transfer?

---- Once you use EAD you are not on H1 status, no H1 transfer as for H1 transfer or H1 extension you need to be maintaining H1 status and by use of EAD you will not be on H1 status
The reason why I’m asking this is that I work as a consultant and the company A who holds my H1B visa eats lot of money from my salary. It is only me who has found the project and doing all the hard work but they eat big percent of my salary just because they have my H1B visa.

I know that I 485 processing can take up to 2 years. I was wondering if I can start using my EAD card as soon as I get it and just before few months when my I 485 is going to get approved, I reapply for my H1 with the company B who has filed my green card as a future employer.
(I want to go to H1 at that time just to be in safe side in case my I 485 is denied.) Can I do this?

----- The best option for you is to first file I-140, I-485, EAD AP, once I-140 is APPROVED AND I-485 pending more than 180 days then change the employer by H1 transfer or use EAD. Don’t use EAD before I-140 gets approved.

(2) Lets say i do not maintain H1 status and start working on EAD as soon as I get it. Also I don't bother about my H1 status or anything. if my I 485 is denied then can i apply for F1 or H1 visa at that time
----- first your I-140 has to be cleared for I-485 to be cleared, If I-140 denied , EAD, AP I-485 will automatically get denied and you will not have any base to stay in US if you don’t have valid H1 status that is why I say first wait for I-140 approval.
If I-485 gets denied you cannot apply F1 in US you have to depart US if you don’t have valid H1 status at that time to work or remain in US.
FYI with F1 you cant adjust status in US F1 does not have dual intent