Question on existing H1 and EAD

T

tchangu

Registered Users (C)
Hi , Could anyone please advise me.

I am currently on a valid H-1b and working and I have also received my EAD. Is it possible for me to quit my current job immediately and look for a job based on my EAD. If there is a time lag in finding another job would it affect my change of status to EAD.
 
I am currently on a valid H-1b and working and I have also received my EAD. Is it possible for me to quit my current job immediately and look for a job based on my EAD?
---- If your I-140 is approved and I-485 is pending more than 180 days and can find the job same/ similar then you may use AC21. If I-140 is not approved and I-485 filed then employer may revoke the I-140 and you may have to start the GC process again with new employer. I don’t know your full details
 
Mistake in my earlier post

Actually the EAD that I got is through my spouce's Green Card process. Now I am on H1B so I was wondering if I could use the EAD and leave my job immediately? If I do so what are the implications?

Thanks,
 
If your spouse is the primary applicant for GC, then you can use your EAD to get whatever work you want. It can be technical or non-technical. There are no restrictions on the type of job you can take or when and where you can work.
 
Gujju -- thanks for your reply.

MY question is that I am currently on H1B and I am working. I do have a EAD card that is from my spouce's green card petition. Since I am working for an employer I was wondering I can quit the employer? If I quit my employer what is my status - Am I on H1 or will I automatically be considered on EAD? How does this work?

This leads to another question. I am on H1B and I quit my current employer. If it takes, say 3 months, to get another job and if I take the job as an EAD application, would the BCIS ask for salary stubs and all (like H1B transfer)

I am confused here. So please help!
 
Since your spouse is the primary applicant, BCIS will not ask you for your pay-stubs, they will only require you to proove that you are indeend married to him/her.

You don't need to do H1 Transfer or anything like that
you can quit your job whenever you want and work for whatever company you want doing whatever you want as long as you have a valid EAD. Your status will be AOS Pending. You will require AP to re-enter USA.
 
MY question is that I am currently on H1B and I am working. I do have a EAD card that is from my spouse’s green card petition.
---- If you use the WAD even if it is based on derivative status the day you use EAD YOU will not be on H1 status. You can work with any employer with EAD and your status will be AOS pending
Since I am working for an employer I was wondering I can quit the employer? If I quit my employer what is my status - Am I on H1 or will I automatically be considered on EAD? How does this work?
---- You quit the employer or join new employer on EAD, the day you use EAD you will be no longer on H1 status
this leads to another question. I am on H1B and I quit my current employer. If it takes, say 3 months, to get another job and if I take the job as an EAD application, would the BCIS ask for salary stubs and all (like H1B transfer)
------ You should go to your lawyer, I dont think BCIS will ask paystubs from you if your GC is based on Spouse GC.
 
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