EB2/NIW I485 Pending Should I file for EAD

[krqkty]

Here is my case:
I-140 filing: April 11, 2006, approved April 25, 2007

I-485 filing: July 19, 2007 pending
Fingerprinting: September 18, 2007

I am from India and it's stuck in 2004 so it will be a long wait.

Now I work in the same university and renewing my H1B visa (beyond sixth year) using the AC21 every year from 2007.

Now if I want to move to another University/Company do I need an EAD or can extend my H1Bs....please suggest the pros and cons.

Thanks

 

[vectorP]

If you spent more than 365 days from priority date and still in I-485 stage, AC 21 gives the benefit of indefinite extension of H-1B status in one-year increment after 6 years. For this advantage, you has to maintain H-1B status without any violations. If I-485 is denied, you can continue and complete the H-1B employment and extend H-1B status if does not extend beyond the 6-year limit.

But if you work on EAD, there is no restriction for employers to relocate the employee around geographically. Employer can also adjust working conditions and employment terms either from full-time to part-time or even place the employee on the bench without violating any laws. There are many variables to consider. For instance, the period of EB-485 waiting time, distance from the 6-year H-1B cap limit, new employer's willingness to spend expense to file a new H-1B petition. Also see http://www.greencardapply.com/question/question02/year02_0728.htm