Less than 180 days : got iEAD ...Very Important : Experts pls respond!!

W

what'sinname

Registered Users (C)
Can we use the EAD to work with a NEW Employer before 180 days of I-485 filing ? If yes , what the new employer needs to do ? any letter to INS etc.

2. If we are using EAD to work with a NEW Employer , and due to some reason I-485 is denied at later stage , what are options to work in US ?

3. Can I file a H1 transfer with Employee B , while I am using my EAD to work with Employer A ?

If due to any reason I-485 is denied later , can I go to Employer B with transfered H1.

4. Can I file a Fresh H1 with Employee B , while I am using my EAD to work with Employer A ?

If due to any reason I-485 is denied later , can I go to Employer B with transfered H1.
 
Options..

1. Yes you can use EAD to join a new employer. If you get RFE, send the employment offer letter to INS. Otherwise nothing is required for now.

2. As soon as you get the intent to deny letter from INS you can switch to H1 (but your period in EAD will count towards H1 and if it is more than 6yrs, you will have to go out of US)

3. You can file a H1. But if INS asks you should be clear about with whom you are going to work after GC approval and that employer should be on the same page in this regard.

4. same answer
 
But ..

Hello Jaxen,

thanks for your response.

But one thing isn\'t clear to me that Whether H1 transfer can be done once you have started working on EAD ... I mean I read everywhere that once you used EAD , your H1 status is gone ..so Can we do H1 transfer if H1 status is already gone ..

Let me know ur view.
 
H1 transfer before EAD

I have filed for my H1 transfer before using my EAD with a new employer.

Also , H1 transfer is with a different company than the the one I am using my EAD for. I hope this is ok to do .

I was told that new H1 employer does not have to inform INS for six months from the date of filing for H1 transfer . So if 485 gets denied you should be able to go back on H1 status .

Others, Please validate the above .

Thanks
 
EAD to H1...

If you are with your sponsoring employer or the employer with whom you are going to be, after GC approval (which you\'ll tell INS if asked) then it does not matter whether you are using EAD or H1 for employment.
Your employer and lawyer has to be in the same page on this. H1 or EAD status is maintained by the employer AND NOT FORWARDED TO INS, unless spewcifically requested by INS.
EAD is useful if you are wandering around looking for jobs or doing a burger flipper job in the meantime. If you file for H1 transfer with a gap covered by EAD, the period on EAD will also be covered by the H1 and will be counted towards 6 yr limit etc.
 
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