Got EAD, have to give up H1

hanger

New Member
Dear Experts...
Please advise, I wanted to know do I have to give up my H1B status if my EAD filed along with my I485 gets approved.
My company lawyers says that once EAD card will come, I will loose my H1B status and will acquire EAD status then, please clarify?
I wanted to maintain H1 status after getting the EAD card, can I do it?
Will appreciate a quick response......
 
you can maintain H1

even after receiving EAD. You will lose H1 only if you use EAD (i.e. file new I-9).
 
getting a job using EAD

Thanx Jaxen...
Suppose my company lays me off after I got the EAD card and at the time of layoff I was still maintaining my H1B status(didn't use my EAD card or filled I-9), can I still stay in US on the basis of EAD(not used by that time) until I get a new job.
Please respond..
 
If 485 is pending

then that ensures your status validity. EAD is used to authorize you to accept employment in US while GC is pending.
Short Answer: Yes.
 
You can keep your EAD and do't use it and work on H1 cause if u go on EAD your H1 will be cancelled and by any chance if ur 485 is denied you will hv to use new H1.
 
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