EAD vs H1 - Opinions

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zackpatel2000

Registered Users (C)
1) Which is preferable to use when switching companies - H1/EAD? What are the pros/cons?

2) If joining new employer on EAD , is it necessary to get a new EAD card? The attorney for the new company says "However, to cover all bases I would recommend that a new EAD application be filed based on the new employment." I am not sure what he meant?????

Appreciate your opinions.

Thanks,
Akhil
 
EAD vs. H-1

1) Which is preferable to use when switching companies - H1/EAD? What are the pros/cons?

- If you have time left on H-1, and the new co. is ready to file (pay) for H-1 transfer, H-1 is better as in case of 485 denial, you are not out of status.

If they prefer EAD, there is nothing wrong.

2) is it necessary to get a new EAD card?
not at all, in fact, EAD given to YOU, it is not attached to the employer in any way. I wonder on what basis you will apply a new one. EAD is on the basis of your 485 application. It is the application for adjustment of status. EAD is given to you on the basis that since you are in the US, and since INS will take some time to adjudicate your application, you just don't have to sit at home without pay, so they give the EAD. Unlike H-1, EAD is good for ANY type of employment, anywhere, any number of jobs. you can work with IBM on EAD and work at Mac also on a part time or full time basis. In short, your current EAD is good until it expires, and you can always renew it if 485 is still pending.
 
keep in mind

if 485 denial is based on your past, then even h1 cannot help you. Most of the h1 holders will have only a few years (months?) left in their h1. So being on h1 will be a temporary respite but maybe give you sufficient warning to leave this country or try some other means to get GC...
 
Thank you guys for your opinions. I have close to 2 years left on my H1 eligibility period. So if new employer will pay for it, I think I will file for a H1 transfer.

Here is a relevant posting on this issue from an attorney's website.

"Assuming that you have not yet used your EAD, your new employment may be authorized by either your current EAD or else by the new employer filing an H-1B transfer petition. (You'll probably find that the employer prefers the EAD because there is less effort and cost involved by this route.)

However, if you had used your EAD to work, you would no longer be in H-1B status but rather "adjustee" status. Consequently, to obtain an H-1B with the new employer would require the filing of an H-1B petition for "new" employment rather than a transfer. If this is the case, the EAD is much more efficient because you would not be authorized to work in H-1B status until the new petition was approved.

The EAD not restricted to any one given employer so you may use it and/or renew it for employment with a different employer than your original I-140 sponsor. (As we frequently recommend, make sure you apply for the renewal at least 90 days before your current EAD expires so that you can prevent a lapse in your authorization to work.) "
 
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