H1B and EAD conflict

vijju74

New Member
All,
I filed my green card with employer A and got I-140 cleared by 2001. I waited for 2 years to get married and I joined employer B by mid of 2003. But employer A agreed to process my green card and I got the EAD couple of days back. Its been more than 4 months since I filed my I-485. My 6 year H1B quota is going to end in another 4 months. What is best for me?

1) Wait for another 2 months, transfer the EAD to employer B and work for employer B on the EAD?
2) Is it possible to get the H1B extended for another 1 year (7th year) with employer B and wait for the green card from employer A since I can't go back to H1B once I start working on EAD.


Vijju.
 
vijju74 said:
All,
I filed my green card with employer A and got I-140 cleared by 2001. I waited for 2 years to get married and I joined employer B by mid of 2003. But employer A agreed to process my green card and I got the EAD couple of days back. Its been more than 4 months since I filed my I-485. My 6 year H1B quota is going to end in another 4 months. What is best for me?
----- File 7th year H1 extension based on Pending I-485
1) Wait for another 2 months, transfer the EAD to employer B and work for employer B on the EAD?
------ you can join B on EAD but you will not be on H1 status to bring your wife on H4 better Transfer H1 through B and maintain H1 status and file 7th year H1 extension through B if you are still on H1 status, as you filed I-485 use the pending I-485 reciept for 7th year H1 extension and you can file 7th year H1 Now as one can apply H1 extension 6 months advance or any day before I-94 expiry date
2) Is it possible to get the H1B extended for another 1 year (7th year) with employer B and wait for the green card from employer A since I can't go back to H1B once I start working on EAD.
--YES

Vijju.
 
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