H-1b and EAD (IMPORTANT - Please help)

[labor_gc]

My husband had an H-1b but he got laid off couple of months ago. But he has h-1b stamped on his passport and H-1b I-94 valid till sometime in 2004.

He recently got a new job and the company is willing to apply for a new H-1b (through premium processing). He has also applied for EAD as my dependent and the application is pending for more than 90 days. Since my job is quite insecure and i might get laid off before 180 days, we wanted him to work on his new job as
h-1b

My question is, if he starts working on EAD now and later when h-1b approval comes, he wants to switch to h-1b, are there any issues involved ? A friend mentioned that he might have to leave US and come back again with h-1b stamped and h-1b I-94, but since he already has h-1b I-94 from an old employer, what do you guys think ?

Thanks !!!!

 

[jaxen]

My Opinion. He is fine. Employment authorization can be EAD or H1 as long as a candidate is eligible for either...

 

[c4naperville]

Your husband does not have to leave USA when he switch from EAD to new H1B as long as the new H1B application is based on he is in American. He does not need a new H1 stamp on passport because the new H1 appoval will come with I-94 card.