Is it allowed to go from EAD to H1B

P

pradhan

New Member
- I have completed 6 years with H1B and instead of
doing H1B 1 year incremental renewals
moved to EAD(which is on the basis of
future employment). So now I don't have
any H1B status.

I want to change my employer on EAD
(fulfilling EAD 180days with GC sponsor company,
with same job title/job description and subsequent
AC21 memo).

New employer can ONLY hire me with H1B.
- I am not sure if it is possible to get H1 when I am
already on EAD.

- If it is allowed, will it be H1B 1 year incremental
renewal? or altogether new H1B.

- If I opt to goto new employer on H1B

1) what happens to my EAD,AP and GC approval? Will they be
processed in parallel?

2) Do I need to go back to India for H1B stamping?

3) Any objection from USCIS for I485 approval
because I moved from EAD to H1B?

4) Any other adverse effects on my GC processing?


Appreciate any inputs on this.

Thanks in advance
:pradhan
 
pradhan said:
New employer can ONLY hire me with H1B.
Click to expand...

Why? Apart from that being illegal, if they think they can use that to limit your job mobility, it's dumb -- because even if you work for them with H1B you can instantly change to a new job with the EAD.
 
Thanks for the responses.
Their concern is like this - if they hire me in 2010 on EAD and after couple of years
for some reason if USCIS cancels my EAD from back date say 2010 ( which I believe not the case, if at all it happens USCIS will only cancel the EAD from current date) then for those couple of years I would be with illegal status and
for them it becomes as if they hired me illegally.
Is this interpretation correct? I feel it is not correct.
 
pradhan said:
Their concern is like this - if they hire me in 2010 on EAD and after couple of years for some reason if USCIS cancels my EAD from back date say 2010
Click to expand...

USCIS cannot do that.

then for those couple of years I would be with illegal status and for them it becomes as if they hired me illegally.
Click to expand...

It's not correct. Even if it USCIS could cancel something retroactively, couldn't they do the same thing for an H-1? ;)

Tell the company that you want to work using your EAD.
 
pradhan said:
- I have completed 6 years with H1B and instead of
doing H1B 1 year incremental renewals
moved to EAD(which is on the basis of
future employment). So now I don't have
any H1B status.

I want to change my employer on EAD
(fulfilling EAD 180days with GC sponsor company,
with same job title/job description and subsequent
AC21 memo).

New employer can ONLY hire me with H1B.
- I am not sure if it is possible to get H1 when I am
already on EAD.

- If it is allowed, will it be H1B 1 year incremental
renewal? or altogether new H1B.

- If I opt to goto new employer on H1B

1) what happens to my EAD,AP and GC approval? Will they be
processed in parallel?

2) Do I need to go back to India for H1B stamping?

3) Any objection from USCIS for I485 approval
because I moved from EAD to H1B?

4) Any other adverse effects on my GC processing?


Appreciate any inputs on this.

Thanks in advance
:pradhan
Click to expand...
your employer is giving you wrong info. if they want to hire then you have EAD . I will not go with that kind of Employer. Why H1? when you have EADand Pending I-485? you can file EAD extensions till decision on Pending I-485 is not made by USCIS.
 
It is illegal to require H1B for any job. Period.

The other problem is that to switch to H1B after switching to EAD and losing your old H1B status, you would have to leave the US and get the H1B stamped* in your passport, and then reenter with the H1B.


*but if you're Canadian you can enter with the H1B approval notice without having to get the stamping.
 
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