I-485 Validity - EAD Card OR H1 Transfer or both, Kindly Advice

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nickbat

Registered Users (C)
Hi All

I have a problem and I need advice

1) I am holding a valid H1. (H1 is valid for next 3.5 years)
2) My I-485 application is pending from last 7 months i.e > 180 days
3) I have a valid EAD card which I never used
4) My wife is on H4 visa (I got married after my GC filing and as my priority date is not current. She is still on H4)


Question 1

Now if I want to leave my present employer and join a new one. Can I ask new employer to apply for H1 transfer and also apply AC21 for my I-485 application. I basically want to maintain my H1 status BECAUSE my wife is on H4.

I heard from some people that the moment I apply for H1 transfer, my Green card application will get canceled. The only way to join new employer is through EAD card, Is this a true statement ?

Question 2

Can I join a new Employer on EAD card and later ask new Employer to also transfer my H1 (Assuming new Employer agrees). In this case will my I-485 application filed by previous employer will still be valid ?
Also will I be on H1 status again ?

Thanks for your help in advance

Regards
 
nickbat said:
I heard from some people that the moment I apply for H1 transfer, my Green card application will get canceled. The only way to join new employer is through EAD card, Is this a true statement ?
Click to expand...

No, it's not true. Because of your wife's situation, the H1 is the only way to go.

Can I join a new Employer on EAD card and later ask new Employer to also transfer my H1 (Assuming new Employer agrees). In this case will my I-485 application filed by previous employer will still be valid ?
Click to expand...

Yes. But your wife will go out of status.

Also will I be on H1 status again ?
Click to expand...

Not until you leave and re-enter the US.
 
Thanks TheRealCanadian for your quick answer. If I understood correctly. The best solution for me is to

Ask my new employer to transfer my H1 and apply for AC21. This way my I-485 from previous employer will still remain valid and my wife can still maintain her H4 status.

Kindly confirm

Thanks again for your help

Regards
 
nickbat said:
Ask my new employer to transfer my H1 and apply for AC21. This way my I-485 from previous employer will still remain valid and my wife can still maintain her H4 status.
Click to expand...

That is the best way to do it. Your I-485 will remain valid no matter what; it's your wife we are worried about.
 
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