Going back to H1 from EAD??


Registered Users (C)
hi! Gurus,

I am working on EAD, with AC21 case, I am thinking to play safe and work on H1 and let I-485 progress on its own..Incase of rejection I dont have to pack up. This is basically my idea.

Is it possible to go back to H1B (H1 transfer) without abondoning 485?



Registered Users (C)

thanks to all of you.

i will be talking to an attorney and planning to apply for H1.

I will keep you posted.



Registered Users (C)
You cannot do H1 transfer

If you have used EAD, you would have given up your H-1B status for good. You will be an adjustee. Hence you need to apply for fresh H-1B petition if you have to go back to H-1B.
By fresh, I mean brand new H-1B subject to the H-1B cap.
A h-1B transfer petition is done when you are on a valid H-1B status and transfer it to a new employer.
But who knows, USCIS may approve your transfer petition even if you have used your EAD. That is their greatness!. But legally it should not be.