How soon can I join new employer?

A

Akash Sharma

Registered Users (C)
Here is my situation:

140,485,EAD RD: 8/03
EAD AD: 9/03
140 AD: 8/04
485 Pending more than 1 year

I am still working on H1 and never used current EAD, forgot to apply for EAD renewal, current ead expiring in next month. Found another good offer from different company. Can I join new company before my EAD expire and apply for renew EAD? or any better way?

Thanks
 
Do not do that. Because by switching you would be invalidating your H1 and your status would change from H1 to EAD. In that case, if you fail to get your EAD renewed in time (which you most likely will), you would be out of status.

Just my 2 cents.
 
I think you can ask new employer to apply a transfer of H1-B for you, in which way you can avoid EAD issue. But not sure if it is good to you or not.

I don't think EAd will invalidate your H1-B automatically unless you use it to change job. That is what my lawer told me before I apply for a EAD.

By the way, I am in the same boat as you.

Feng :)
 
eadwoes said:
Do not do that. Because by switching you would be invalidating your H1 and your status would change from H1 to EAD. In that case, if you fail to get your EAD renewed in time (which you most likely will), you would be out of status.
Click to expand...

There is no such status as "EAD". A pending I-485 keeps someone in status until the adjustment is approved or denied.

The problem with such a scenario is that once one switched to the new employer using the EAD and the current EAD expired before the new one came through, one would be working illegally or one would need to stop working once the EAD expired until the new one came through.

Perhaps you could get the new employer to do an H1 transfer?
 
TheRealCanadian said:
There is no such status as "EAD".
Click to expand...

That is a minor nitpick. The point I was trying to make was exactly what you repeated. My choice of words was incorrect.
 
You must log in or register to reply here.
Top