Job change after EB-1EA approval: Maintain non-immigrant status.

[ludhianvi]

Need some advice from experts... Please see my signature for details.

In a nutshell, my I-140 (EB1-EA self petition) was approved in April 2007 and I filed for my I-485 in May 2007. After reading these forums, I know that I can change job now as that 180 day rule (AC21) does not apply for EB1-EA case. My AP and EAD has already been approved.

Ok, thats for the background of the question. Coming to point (or rather question), currently I am on H-1B in academia. I have a job offer from industry, and my industry sponsored H-1B is approved, wef October 1st, 2007. My industry employer filed for my O-1 visa that got approved this week, with starting date in August and this visa is valid till 2010.

I have read on these forums that it is safer to maintain non-immigrant status until one actually receives the GC. So, even though I have an EAD, I should not use EAD to switch jobs. What's your opinion on working on O-1 even though one has EAD, and also approved H-1B? Also, if I travel outside US, what should be the safe bet to enter US (I have academia H-1B stamp in my passport that is valid till September 2008, but I guess once I switch jobs, this stamp will be invalid). Should I use AP or get O-1 stamped in my passport if I have to travel outside?

Thanks.

 

[gc_eb1ea]

I would suggest you remain on non-immigrant visa until you get your GC. I have the same situation as yours and I am changing job on H-1B even when I have my EAD.

 

[eb1a-query]

In addition to gc_eb1ea's answer, you can travel with your old H1B stamp as long as it's not expired along with your new H1B approval notice. I was in the similar situation and I did not have any problem traveling (i did this as was suggested by my comapany's immigration law firm). US consulate will not entertain issuing another H1B stamp until within a month of the older one expires. At the port of entry, you need to make sure the newly issued I-94 has the date of your current approval notice, not the expiration date of current stamp. But if you switch to another visa type, such as O-1, then it's not valid and you need new stamp.
By the way, what is O1 visa and when does someone get it?

 

[ludhianvi]

Thanks for the responses!!

O-1 is like EB-1EA (I guess it stands for outstanding researcher, generally companies file this to hire someone). It has premium processing too and mine was approved within 8 days of the receipt notice.

In addition to gc_eb1ea's answer, you can travel with your old H1B stamp as long as it's not expired along with your new H1B approval notice. I was in the similar situation and I did not have any problem traveling (i did this as was suggested by my comapany's immigration law firm). US consulate will not entertain issuing another H1B stamp until within a month of the older one expires. At the port of entry, you need to make sure the newly issued I-94 has the date of your current approval notice, not the expiration date of current stamp. But if you switch to another visa type, such as O-1, then it's not valid and you need new stamp.
By the way, what is O1 visa and when does someone get it?