EAD vs extending H1B, with regard to changing jobs

[Justaskingagain]

Hello,
I have 2 questions:

1. What is the difference between getting an EAD, and extending H1B status. What are the pros and cons of each, in GENERAL ?

Now PARTICULARLY, If I want to change jobs, any difference if I am on EAD or on extended H1B status ?


2. After I140 approval, and before I485 approval, what are the requirements for changing jobs? Do I need to report it? Do I have to apply again to I140 or other forms ?

Thanks,
JustAsking.

 

[ginnu]

Hello,
I have 2 questions:

1. What is the difference between getting an EAD, and extending H1B status. What are the pros and cons of each, in GENERAL ?
------------- EAD is not status, EAD is for work. H1 is status and one also work. If due to any reason I-485 gets rejected then EAD AP also become invalid as they are based on pending I-485. But if you have H1 status and I-485 has problems you have back up of H1 status and can remain and work in US till H1 status validity. If you use EAD then you will need to apply for AP while in US and AP need to be approved Before you go out if you want to use AP for entry to US. Check the fee for EAD+ AP on USCIS site
Now PARTICULARLY, If I want to change jobs, any difference if I am on EAD or on extended H1B status ?
-------------Best option to join with H1 transfer. if you inform new employer that you have EAD they may not file H1 transfer to save the lawyer and H1 transfer filing fee

2. After I140 approval, and before I485 approval, what are the requirements for changing jobs?
-if I-140 is approved and I-485 is pending more than 180 days you are safe to join new employer and can invoke AC21. your new employer should be ready to give you same/similar job duty permanent job offer letter and you use that letter to invoke AC21 ( search the AC21 threads, read them)
Do I need to report it?
Do I have to apply again to I140 or other forms ?
--------------if the I-485 is not pending more then 180 days and past employer revoke the I-140 then you have to srart from first step like LC filing then I-140 filing by new employer . if you belong to India or China it will take long time to get GC if you have to start from LC or I-140 now
Thanks,
JustAsking.

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