can I hold both EAD and H1 during job change?

I

irainesan

Registered Users (C)
I have valid H1-B and EAD. Can I change my job thru H1 transfer and yet continue to hold EAD? Is that possible?
 
irainesan said:
I have valid H1-B and EAD. Can I change my job thru H1 transfer and yet continue to hold EAD? Is that possible?
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If you join new employer with H1 transfer you will be on H1 status but if use EAD you will not be on H1 status . Having EAD does not mean that you must use it many keep it as back up.
 
ginnu said:
Having EAD does not mean that you must use it many keep it as back up.
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When you say I can use EAD as back up, does that mean I don't have to do AC21 to transfer EAD?
Doesn't EAD go woth employer whoever sponsers I-485? If so what if my ex-employer cancels EAD?
 
irainesan said:
When you say I can use EAD as back up, does that mean I don't have to do AC21 to transfer EAD?
------------dont mix AC21 with EAD or H1 . AC21 has nothing to do with EAD or H1. you can join new employer with H1 transfer or EAD and then invoke AC21
Doesn't EAD go woth employer whoever sponsers I-485?
-----------------only LC and I-140 belong to employer I-485 is YOUR petition and you get EAD or AP based on your Pending I-485. you have to file for EAD and AP
If so what if my ex-employer cancels EAD?
-------------Past or New Employer cant Cancel YOUR EAD or AP. YOU have to file EAD renewal in future as you need valid EAD in hand for work or join new employer with H1 transfer
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--------------------
 
ginnu said:
dont mix AC21 with EAD or H1 . AC21 has nothing to do with EAD or H1. you can join new employer with H1 transfer or EAD and then invoke AC21
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so, even if I use H1 for my future job, I need to invoke AC21 inorder to keep the EAD valid. Is my understanding correct? Please confirm me.
 
irainesan said:
so, even if I use H1 for my future job, I need to invoke AC21 inorder to keep the EAD valid. Is my understanding correct?
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You do not need to invoke AC21 to keep the EAD valid. The EAD is valid so long as the I-485 is pending. However, you'll need to invoke AC21 if the I-140 is ever withdrawn by the original sponsor or USCIS requests employment verification.
 
irainesan said:
so, even if I use H1 for my future job, I need to invoke AC21 inorder to keep the EAD valid.
---------------no, AC21 is not used for EAD. EAD is based on pending I-485
Is my understanding correct?
---NO
Please confirm me.
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Dont get confused better you join new Employer with H1 transfer, if you do that you will be on H1 status(also Pending I-485 or AOS)
as a back up keep the Valid EAD ( employer is not going to renew your EAD or file for that. YOU have to file EAD if you want EAD)

one can work on H1 and EAD is also for work, but to remain on H1 is good for you.

if you are still Confused about AC21 then search for AC21 Memo
 
Thanks a million to ginnu and therealcanadian. Now I got better understanding of AC21.
One other quick question.
If I change job thru H1 transfer (and just keep EAD as backup) do I need to worry about matching job description between the 2 jobs? (my understanding is that matching job description is a must if I use EAD for the future job)
 
irainesan said:
Thanks a million to ginnu and therealcanadian. Now I got better understanding of AC21.
One other quick question.
If I change job thru H1 transfer (and just keep EAD as backup) do I need to worry about matching job description between the 2 jobs?
-------------------- you join new employer with H1 transfer. to use AC21 if USCIS asks about your Permanent job offer letter in future or you want to invoke AC21 then the new employer need to give you same/similar job duties written on the PERMANENT job OFFER letter. this letter you use for AC21. FYI AC21 is used for approval of I-485 based on new Job offer and GC is for FUTURE job (after I-485 approval)
(my understanding is that matching job description is a must if I use EAD for the future job)
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---------------------you use EAD or H1 it is Present job and not Permanent job. You need the Same/Similar job duties on Job offer letter that you use for AC21 or if the USCIS ask you about your Permanent job offer letter before Approving your I-485
*** Dont mix EAD or H1 with AC21
 
am looking for a sponser

irainesan said:
When you say I can use EAD as back up, does that mean I don't have to do AC21 to transfer EAD?
Doesn't EAD go woth employer whoever sponsers I-485? If so what if my ex-employer cancels EAD?
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Am by the names of Sewanyana Robert,from uganda and am18years old.
But need some help from you,about my schoolfees my daddy was killed in kenya,even my mom she's unable to pay my fees.
 
Ginnu,

I have a similar case. I would appreciate your help or other experts help here.

I am planning to joing a new company. For my current employer, I am working on EAD.I discontinued filing H1B for almost an year now. I also have completed 6 year term on H1B before I use EAD.

On a safer side, I wants my new employer to file H1B as well as maintain my EAD.My question to you is on what basis I would be filing H1B ( 6 year crossed as well as not maintaing my H1B currently ) ?


ginnu said:
Dont get confused better you join new Employer with H1 transfer, if you do that you will be on H1 status(also Pending I-485 or AOS)
as a back up keep the Valid EAD ( employer is not going to renew your EAD or file for that. YOU have to file EAD if you want EAD)

one can work on H1 and EAD is also for work, but to remain on H1 is good for you.

if you are still Confused about AC21 then search for AC21 Memo
Click to expand...
 
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