Do you need to have a valid H-1B to use AC21?

[abouttime]

I am not sure if I want to extend my H-1B or not, as I have my EAD.

1). If i do want to avail from the AC21 law, do I need to have a valid H-1B visa or is it enough if I just have the EAD?

2). If it is enough to have just the EAD, what does it mean? Doesn't the EAD relate to the current employer (through whom I applied for the EAD)? If you can't change jobs using just the EAD, how can you use AC21 using just that?

 

[EAD2003]

Originally posted by abouttime
I am not sure if I want to extend my H-1B or not, as I have my EAD.

1). If i do want to avail from the AC21 law, do I need to have a valid H-1B visa or is it enough if I just have the EAD?

2). If it is enough to have just the EAD, what does it mean? Doesn't the EAD relate to the current employer (through whom I applied for the EAD)? If you can't change jobs using just the EAD, how can you use AC21 using just that?

1. You can avail of AC21 only after 180 days of filing your 485 and after an approved 140. (some say 180 days after approved 140 to be safe as there are no clear regulations on AC21).
You do not need to be having a valid H1-B as your H1B could be expired and you could be working on EAD with ur sponsor employer. But if you have a valid H1B and you use yor EAD after 180 days then ur H1B is void.

2. EAD authorizes you to work for any employer. Ideally it is best to use it after 180 days after ur 485 filing. AC21 guidelines
allows a employee to be portable after 180 days if the 485 case hasn't been decided. You can then use your EAD to work for a different employer. Current times for a 485 case to be decided are 18-24 months best case scenario.

In short EAD is good only for ur wife if married or for you if you have crossed 180 days after 485 filing.