EAD vs H1

[hummingburd]

Hi all,
I am sure somebody might have asked this question and answered but I couldnt find and need to know urgently, so posting here.

My Labor recently approved from NC-ATL, and ready to file for 140 & 485. I asked my attorney to apply EAD for myself. But she is saying as I have valid H1 for 2 more yrs, its not required and simply waste of money ($300) every year. But I am concerned about my current job so worrying in case i get laid off.

Could somebody shed some light, EAD is very safe for me right. Once I have EAD i dont need any support from an Employer such as for H1 they need to sponsor.

thanks in adv.

 

[ginnu]

I am sure somebody might have asked this question and answered but I couldnt find and need to know urgently, so posting here.

My Labor recently approved from NC-ATL, and ready to file for 140 & 485. I asked my attorney to apply EAD for myself. But she is saying as I have valid H1 for 2 more yrs, its not required and simply waste of money ($300) every year. But I am concerned about my current job so worrying in case i get laid off.
-------appply the EAD with I-485
Could somebody shed some light, EAD is very safe for me right. Once I have EAD i dont need any support from an Employer such as for H1 they need to sponsor.
------ you are correct, apply EAD

 

[PhillyKP]

An opposing viewpoint - the EAD will really only do you any good once the 140 is approved. Until then, you cannot really use AC21 rules to transfer employment.

In any case, I would recommend against using the EAD to work on, Vs the H1 since a denial of the 140 implies denial of the 485, which then technically means you're out of status. While if you continue to work on your H1, you are in status until the H1 expires, regardless of your 485 processing.