EAD and H-1b (IMPORTANT - Please help)

L

labor_gc

Registered Users (C)
My husband had an H-1b but he got laid off couple of months ago. But he has h-1b stamped on his passport and H-1b I-94 valid till sometime in 2004.

He recently got a new job and the company is willing to apply for a new H-1b (through premium processing). He has also applied for EAD as my dependent and the application is pending for more than 90 days. Since my job is quite insecure and i might get laid off before 180 days, we wanted him to work on his new job as
h-1b

My question is, if he starts working on EAD now and later when h-1b approval comes, he wants to switch to h-1b, are there any issues involved ? A friend mentioned that he might have to leave US and come back again with h-1b stamped and h-1b I-94, but since he already has h-1b I-94 from an old employer, what do you guys think ?

Thanks !!!!
 
Some possible solutions:
1. Go ahead and apply for iEAD (it is free and allows him to work immediately). He can always apply for h1 and keep it as back up in case your 485 doesn't go through.

2. Don't give up on the 485. Even though you are laid off within 180 days of your AOS application, as long as INS doesn't get around to adjucating your case, you are okay if you can find a job with same/similar salary/skill requirements.

3. Shouldn't be a problem for your husband to switch from EAD to H1B. He might have to change his I-9 but that is about it.

Consult with an immigration lawyer for correct legal advice since they will know the law better than most lay people you might come across.

Good luck!
 
Thanks a lot for your help.

Do you mean that even if he starts working on EAD, it will not affect his h-1b approval and when the h-1b approval comes through, he could just keep it as backup and later maybe exit US and come back if he wishes to switch working from EAD to h-1b ?


Thanks again !
 
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