EAD or H1B urgent (laid off 4 months into 485)

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ccie

Registered Users (C)
Help,

laid off 4 months into 485 with EAD, is it advisable to use EAD or do another H1B transfer

Thanks
ccie
 
180 days?

aren\'t you suppose to wait for 180 days (6 months) before changing a job.. You should consult your lawyer on this matter.
 
My lawyer said it\'s fine

My lawyer said it\'s fine to use EAD to start new job now, in nowhere does the law requires u to be employed or wait for > 180 days, it only requires case pending for > 180 days. don\'t know if it\'s true though

ccie
 
Depends on what do you want

I would not work on EAD unless you can always get an "employment intent letter" from the current sponsor.
Yes, you can work on EAD, but at the time you start, you are loosing your H1 status.
The best way of doing this is to file a H1 transfer, then take care of I-485. It it is more than 180 old, notify INS of a "sponsor change", otherwise you\'ll have to file a new one.
 
180 days???

One does not need to work for any comapany when adjudication is pending. when adjudicated with 180 days of RD then the person should start working for the sponsor. If it took more than 180 days for the INS then the person can work for any comapny but "simillar job"
 
getting laid off with EAD after filing i-485

ins are silent (according to me) on if u get laid off whislt in i-485 and before 180 days. if this is the case, my advise is to get another job with EAD and then back it up with a H1-b just in case the i-485 does not work out.

immigrationvic@hotmail.com
 
Not sure if it\'s true

my understanding, h1b and ead can\'t coexist, so how can u use ead then back it up with h1b
 
What do you mean by "silent"?

I think ccie is right.

Victah, if I was laid off and go to the local office for EAD. The INS officer asked me if I still worked for the same employer and I told them the truth. What would they do? Still issue me an EAD or hold it back? Have you heard of anything like this?
 
How can you get back to H1B after using EAD?

This is not right. The safest way is to wait till after 180 days, however if you can\'t wait then just go ahead to take your chance
 
No Title

yes, you can go back to H1B from EAD, no problem. that\'s equivalent to new H1B application instead of H1B transfer, correct me if I am wrong

ccie
 
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