EAD to work, risk?

O

Owen2003

Registered Users (C)
I-140 approved as NIW and 485 pending. Current postdoc project will be completed and will move to next postdoc position. New boss can not wait for H-1 B transfer. Is it risk to use EAD to work? Any possibility of I-485 rejected?
Thanks!
 
Owen2003 said:
I-140 approved as NIW and 485 pending. Current postdoc project will be completed and will move to next postdoc position. New boss can not wait for H-1 B transfer. Is it risk to use EAD to work? Any possibility of I-485 rejected?
Thanks!
Click to expand...

First, H1-B portability allows you to start working for new employer just after you get the receipt of the new application. In any case, you can use EAD and kiss your H1-B goodbye. There is no risk at all. There is no relationship between the EAD use and your I-485 being rejected. If it is rejected you can "go back to H1-B" under certain conditions, meaning you may have to go outside the US, depending on I-94, H1-B visa stamp, etc.
 
Thanks, Cinta.

Is there any possibility of I-485 rejected? My I-140 was approved and still keep in same reseach field.
I am worry about I-485 rejected and I can not have H-1 B back. in that case, I will totally lose states.
 
Owen2003 said:
Thanks, Cinta.

Is there any possibility of I-485 rejected? My I-140 was approved and still keep in same reseach field.
I am worry about I-485 rejected and I can not have H-1 B back. in that case, I will totally lose states.
Click to expand...

I gather you have no LC approved, so any AC-21 talk is not applicable (180 days, etc). Other than that, you should not worry any more than the average warrior. Just be there for the ride.....
 
Why don't you apply for H1-B transfer using permium processing? You should get the receipt immediately and h1-B within 2 weeks?

Having h1-B is preferable if you feel Eb-1 is more riskier... you can also travel more freely wihthout having to apply for AP every year...
 
I am confused

Somewhere in the forum, I saw that if one needs to change his/her employer during I-485 stage, one needs to use EAD. If he/she changes his/her employer using H1B transfer, then I-485 become invalid. Is this true? If true, then we can change only with EAD. Please share your thoughts.

Thanks,

SN
 
292641

Yes you can surely do premium processing.
I have done it twice and both times I used premium processing.
HTH
 
Sn_2002

Your I-485 is for future employment. You can ask your new Employer to get a H1-B transfer even though you are in AOS. I'm keeping myself in the H1-B status till I get my 485 approved.
Please talk to others in the forum and your lawyer.

HTH
 
Change of jobs doesnt matter

Owen2003 said:
I-140 approved as NIW and 485 pending. Current postdoc project will be completed and will move to next postdoc position. New boss can not wait for H-1 B transfer. Is it risk to use EAD to work? Any possibility of I-485 rejected?
Thanks!
Click to expand...

if you are working in similar field, it doesnt matter who you are employed with as NIW doesnt require a specific job offer.
Correcting a little of cinta's reply: AC21 is irrelevant for you not inapplicable as LC wasnt done. Traditionally NIW/EB-1-EA enjoy greater portability because of no requirement of job offer (check some posts by jigesh).
Assuming you are going to University- you can work with H1 receipt like someone who had written earlier said. But if you are in industry, then i guess most are subject to cap in which case you might need to work with ead.
Again, I wont lose my sleep over changing jobs. 485 usually is not rejected unless there are inadmissibility grounds (read cinta's posts about them) I too was worried earlier but my lawyer has completely reassured me that this is not an issue.
 
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