EAD vs H1 - US Canadian Immi - Job Change

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bhardwaj

New Member
Background:
I work on H1b visa (for almost 5 years now).
I have EAD + AP for about an year now.
My I-485 wass filed about 18 months back.
I also have an active immigration application for Canada under Skilled Worker Category and that is in the final stages too.
My company is looking for buyers for selling our unit to another company.
Like most people I have an agreement/bond with my firm for the immigration process i.e. I have to pay a hefty amount if I change job. I love my job and my boss in principle agrees with me travelling from Canada should I relocate there (hopefully same would be the case after the sale)
I am working on H1 visa as I have heard that having H1 visa and travelling between Canada (Permanent Resident) to USA is easier as compared to using EAD/AP which at times depending upon the immigration officials can result in some problems

Scenario - My new company layoffs me
Since I am on H1, I know I can switch job on H1 and that is not an issue.
If I join a new job on H1, does this effect my GC application in any way?
Can I join the new job directly on EAD even though I have not worked on EAD till date? Is it better to make the switch from H1 to EAD in the current organization since the sale of my department/unit is imminent?

In short, is already being in EAD in the event of a layoff better than being in H1?
 
bhardwaj said:
Background:
I work on H1b visa (for almost 5 years now).
I have EAD + AP for about an year now.
My I-485 wass filed about 18 months back.
-------------------What about I-140? Approved or Pending??
I also have an active immigration application for Canada under Skilled Worker Category and that is in the final stages too.
-----------------It has nothing to do with US immigration
My company is looking for buyers for selling our unit to another company.
Like most people I have an agreement/bond with my firm for the immigration process i.e. I have to pay a hefty amount if I change job. I love my job and my boss in principle agrees with me travelling from Canada should I relocate there (hopefully same would be the case after the sale)
I am working on H1 visa as I have heard that having H1 visa and travelling between Canada (Permanent Resident) to USA is easier as compared to using EAD/AP which at times depending upon the immigration officials can result in some problems
-----------------------That is correct. if you have H1 visa stamp in your passport it is easy.

Scenario - My new company layoffs me
Since I am on H1, I know I can switch job on H1 and that is not an issue.
If I join a new job on H1, does this effect my GC application in any way?
-------------------if you join new employer with H1 transfer not a problem . if you have I-140 approved and I-485 pending more than 180 days then you are eligible for AC21. once join new company then invoke AC21.

Can I join the new job directly on EAD even though I have not worked on EAD till date?
----------------you CAN join with valid EAD. H1 transfer is better
Is it better to make the switch from H1 to EAD in the current organization since the sale of my department/unit is imminent?

In short, is already being in EAD in the event of a layoff better than being in H1?
--------------H1 has advantages but if you don’t have option then you can join with EAD.
Click to expand...
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Thanks for your inputs.

My I-485 wass filed about 18 months back.
-------------------What about I-140? Approved or Pending??
===== Yes, I do have an approved I-140
 
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