H1B or EAD for next job?

T

Twins

Registered Users (C)
Gurus:

We submitted 140/485 in Dec 04, 140 approved in June. Since we are stuck in both name check and retrogression, my wife decided to change job right away. Thanks to God, she got offers pretty quickly. Now my question is what is the best way to start working for next company? EAD or H1B?

The lawyer of next job says my wife should use H1B transfer, in which case she can start working as soon as petition is received (before approval), and then they will apply for portability and etc. However, some people say EAD is the safest way to go. Any risk involved in this process? Anything we should be aware of?

Many thanks.
 
Twins said:
Gurus:

We submitted 140/485 in Dec 04, 140 approved in June. Since we are stuck in both name check and retrogression, my wife decided to change job right away. Thanks to God, she got offers pretty quickly. Now my question is what is the best way to start working for next company? EAD or H1B?

The lawyer of next job says my wife should use H1B transfer, in which case she can start working as soon as petition is received (before approval), and then they will apply for portability and etc. However, some people say EAD is the safest way to go. Any risk involved in this process? Anything we should be aware of?

Many thanks.
Click to expand...

My undestanding is that H1B is the safest way to go. As long as your H1B visa is valid you should use it. Besides that you can get it extended as long as your 485 is pending.
Let's assume your wife decides to use EAD. If so, her H1B status is over. Moreover, if her 485 application gets denied, her EAD would terminate as well, and she wouldn't be able to go back to H1B status. So, there is risk associated with using EAD.
If she is primary applicant for 140/485 and you are secondary, it gets even more risky as you would lose your H1B status as well in the case she uses EAD. For more detailed explanation check this web site: http://www.jackson-hertogs.com (FAQ site)

By the way, your wife has to wait until 180 days have passed from the approval of 140. Otherwise, she might be denied 485. Confirm that with your attorney.
 
Thanks Magdalena. That was very helpful.

However, are you sure the 180 days requirement is counted from approval of 140, not submit of 485?

Other gurus, pleas comment.

Thanks.

Magdalena said:
My undestanding is that H1B is the safest way to go. As long as your H1B visa is valid you should use it. Besides that you can get it extended as long as your 485 is pending.
Let's assume your wife decides to use EAD. If so, her H1B status is over. Moreover, if her 485 application gets denied, her EAD would terminate as well, and she wouldn't be able to go back to H1B status. So, there is risk associated with using EAD.
If she is primary applicant for 140/485 and you are secondary, it gets even more risky as you would lose your H1B status as well in the case she uses EAD. For more detailed explanation check this web site: http://www.jackson-hertogs.com (FAQ site)

By the way, your wife has to wait until 180 days have passed from the approval of 140. Otherwise, she might be denied 485. Confirm that with your attorney.
Click to expand...
 
blahblah_gc said:
it starts the count on the day you submitted your 485.
Click to expand...
Thanks for correcting me. In order to 'qualify' for the AC21 portability, the I-140 has to be approved and I-485 is pending for more than 180 days. So, Twins' wife can change her job.
 
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