Moving from EAD to H1

[adityav22]

Folks,

I seem to be in a dilemma and I would appreciate your opinion on my situation. I have been on H1 for close to 3 1/2 years now. During this time, my company started my GC processing and I have a valid EAD, although I am not using that at the moment. Now, I have received an offer from a new company that has started my H1 transfer. I would not like to use my EAD as I have a pending AOS application and I have seen the risks involved on working on EAD. However, the new company wants me to join immediately. They are suggesting that I can start working on EAD and then shift to H1 as soon as it gets approved (they have started the transfer process).

Is it possible for me to do like what they suggested ? I thought that the moment I use my EAD then I lose my H status and if I have to get back on to H1 then I need to apply for a fresh H1 that is subject to the annual cap.

Please let me know if it is possible for me to use my EAD right now till the H1 transfer is approved and then move onto H1.

regards,

adityav22

 

[GotPR?]

I do not see reason you have to use EAD to start working at new employer.
AC21 allows you to start working as soon as H1 transfer is filed, so that delay is probably a few days if employer and you have all the documents in hand.

Regarding EAD to H1, you may not be able to do that in the US. Status change is allowed in general between non-immigrant status', but using EAD puts you in authorized stay which is not considered non-immigrant status.
COS decision from authorized stay(EAD) to H1 is left to discretion of USCIS.
THe easiest you can do is traveling and reentering the US with VALID H1 stamp, which brings you back to H1 status.