EAD/AP verus H1

C

cheenie

New Member
My I-140 has been approved. My I-485 is pending for more than 180 days. I have not received my EAD. I have my AP documents.

My company is moving their head office from CA to IL. I don't plan to move. I believe I can transfer companies under AC21. Is it better for me to stay on my H-1 or go get an interim EAD. I will be going on vacation abroad for a few weeks - should I travel on my H-1 or EAP/AP. Does it matter? What are the pros and cons?

Also, please confirm that it is OK to have a gap between leaving my old company and starting with a new as long as I don't get called for RFE before I have the new job. If there is a gap - should I have my EAD (and not be on the H-1)?

Finally, my fiancee is also in the US on an H-1. He is not on my green card application. Can he get his green card with me if we are married before the I-485 gets approved? Do I need to inform the INS of our marriage before the I-485 gets approved?

Thanks for the help.
 
Originally posted by cheenie
My I-140 has been approved. My I-485 is pending for more than 180 days. I have not received my EAD. I have my AP documents.

My company is moving their head office from CA to IL. I don't plan to move. I believe I can transfer companies under AC21. Is it better for me to stay on my H-1 or go get an interim EAD. I will be going on vacation abroad for a few weeks - should I travel on my H-1 or EAP/AP. Does it matter? What are the pros and cons?
go to www.immihelp.com and find more info,
it's always better to get new h1 if possible for changing company, but if you are going travel abroad, then better not to wait for h1 transfer and use AP/ EAD

Also, please confirm that it is OK to have a gap between leaving my old company and starting with a new as long as I don't get called for RFE before I have the new job. If there is a gap - should I have my EAD (and not be on the H-1)?
it should be fine as long as you don't get REF, but if you planning to travel for that period, you should be extremly careful and aviod travel abroad if possible

Finally, my fiancee is also in the US on an H-1. He is not on my green card application. Can he get his green card with me if we are married before the I-485 gets approved?
YES
Do I need to inform the INS of our marriage before the I-485 gets approved?
yes, otherwise it complicate whole thing

Thanks for the help.
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