Can I save H1 time by switching to EAD?

S

sam_79

New Member
I need some clarity on this issue. I know AC21 helps switching jobs within the same field/duties, but here is my line of thought... I'm past 2yrs on my H1 and I plan to do a part-time MBA (~3yrs) after which I'd like to be open on the kind of job I do.

Now, my questions are: (1) Does switching to EAD really pause the H1 clock?
(2) Is that triggered by filling a new I-9 form alone, or by entering the US on AP, or both?
(3) I guess, I should be able to apply for a fresh H1 with a new company and switch back from the EAD to new H1, right?

I know I'll lose the GC priority, especially wife's EAD, but I'm debating if it's worth losing my career aspirations? My info: Nov '06 EB2 PD, approved I-140, July 3 I-485 receipt and my present company will file our EAD/APs as long as it is necessary.

Looking for your input..... Thanks!
 
Switching to EAD with a different employer would stop your H1 clock, but USCIS won't know about it unless you tell them. However, once the H1 expires, USCIS would definitely know.

Don't count on getting an H1 job with that MBA. Not many companies will file an H1 for an MBA person, unless the MBA is from a top 10 school. In America, everybody and their dog now has an MBA. Most MBA graduates are disappointed with how little it helps their career.
 
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Answers below:
1. No - only way the H-1B clock can be paused is by spending time outside of the United States.
2. Entering on AP will change your status to parolee and not H-1B.
3. Yes that's possible.
 
manwithnoname said:
Answers below:
1. No - only way the H-1B clock can be paused is by spending time outside of the United States.
Click to expand...
Why? Working for another employer with the EAD would end the H1B status. As would letting the H1B expire without renewing it. Unless there is some rule that I am unaware of, which states that the H1B clock continues to run when there is a pending I-485, even if the H1B status is no longer valid due to expiration or working for another employer.

But the only way it can be reset such that a full 6 years is available again is to spend a year outside the US.
 
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Are you sure about this?

Jackolantern said:
Switching to EAD with a different employer would stop your H1 clock, but USCIS won't know about it unless you tell them. However, once the H1 expires, USCIS would definitely know.

Don't count on getting an H1 job with that MBA. Not many companies will file an H1 for an MBA person, unless the MBA is from a top 10 school. In America, everybody and their dog now has an MBA. Most MBA graduates are disappointed with how little it helps their career.
Click to expand...


I thought if you used EAD for the same or different - basically any - employer, the H1B would go invalid, thereby saving one the time on the 6 yr clock. I first heard that from this site, but still wanted a 2nd opinion.

http://www.immihelp.com/greencard/adjustmentofstatus/eadap-hl.html

Any comments?
 
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