I485 pending, L1 expired. If get a new job

[atjim]

Hi,

My I-485 was pending, My L1B was expired. I am using EAD for my current job.If I get a new job, should I ask the new employer to get a new H1 for me ? Is there any issue for my current status ?

Thanks,

Atjim

 

[Jackolantern]

No. The EAD will authorize you to work at another company. H1B is not required, unless you want to bring a spouse or child to the US on H4.

However, you should ensure the new job meets the AC21 "same or similar" requirement.

 

[atjim]

Thanks for the response. So if my EAD gets expired, I can ask my employer or myself to extend that , correct ?

 

[Jackolantern]

You should apply for the renewal 90-120 days before it expires. If you apply more than 120 days in advance, they'll reject it for applying too soon; if you apply with less than 90 days remaining on the existing one, it might not get renewed before it expires, as the mandated time frame for processing is 90 days.

Still, although the EAD belongs to you and you can apply to renew it without your employer's involvement, you may be able to get your employer to pay for it. Most employers will pay for the EAD renewal if they are the original sponsoring employer for the GC. However, if you filed the I-485 after the Summer 2007 fee changeover, EAD and AP renewals are free* so there would be no need to ask for the employer's assistance.


*built into the I-485 $1010 fee

 

[atjim]

Got it. Really appreciate your answers.

 

[atjim]

sorry, one more question: if my new employer can also give me H1 and my new job meets AC21 requirement. Will it be better and will it affect my GC approval ? (holding EAD and H1 at the same time)