Can I switch to h1-B from EAD and back again?

O

olivertwist

New Member
I am currently facing an issue to which I
urgently need advice. Here goes..

I currently work for employer B with an
EAD. My earlier employer was A with whom
I worked using a h1-B.

I have sent a i-765 application to the INS
and got a receipt. However, my EAD expires
before i can go the local INS office to
get an iEAD ( and there is no chance that
the INS will give iEAD before 90 day
waiting period is over, I have tried that).
If I decide to wait out the 90 days to
get iEAD I will have 13 days between the
time my EAD expires and I get the iEAD
from the INS. For these 13 days I have
two options -

1. go for 13 days without pay ( off payroll)
2. file for a h1-b transfer.


My employer B's legal counsel is suggesting
that I need to file for h1-B transfer so
that I can work for these 13 days. Is this
a good thing to do. I have applied I-485
while working for employer A long time
ago and the application is still pending. Does
switching from EAD to h1-b and back to EAD
create any problems?

I need a reply asap. So do take some time out
to reply. Thanks
 
Most replies to similar questions on Murthy.com forums
say that once you use an EAD you can never use h1-b
(because it gets automatically invalid). How come ?

Is there any legal document that anyone can refer
me to ?
 
Last edited by a moderator:
There is no legal document. but if you check the old chat transcripts murthy has answered this question.
The issue is , if you have used EAD then for travel you have to use AP. While on I485 H and L visa holders dont need an AP.
An employment based I485 adjustee has the option of being on H1 or EAD.

If the latest H1 has expired then BCIS might deny any H1 transfer application. Generally people prefer EAD because the costs are less and gives you freedom to switch employers.
 
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