Request urgent advice on using EAD

[GCforTRAVEL]

Hi,
I need some advice urgently:

I have an approved I-140 based on NIW. I-485 pending due to retrogression.

In 2006 and 2007, I have re-entered USA on 2 separate occasions using AP and continued working on valid H1-B petition according to Cronin Memo.

Right now, I'm in PAROLEE status BUT working on H1-B petition, NOT EAD.

I'm now about to change jobs now. My new empolyer says they do not recognize Cronin Memo since it is not law but a memo of guidance. Accordingly, since I entered on AP and am in PAROLEE status, I should use my EAD.
Work is in same area as my I-140/NIW work in a govt. research facility.

Is it okay to start working on EAD?

I'm aware of all other discussions about how staying on H1-B is a safety new i case I-485 is denied, etc., but my new employers maintains that this is hardly a safety net since Cronin memo is gray area and very controversial.

 

[TheRealCanadian]

My new empolyer says they do not recognize Cronin Memo since it is not law but a memo of guidance. Accordingly, since I entered on AP and am in PAROLEE status, I should use my EAD.

Whether your employer "recognizes" the Cronin Memorandum or not is really somewhat irrelevant; since they'd have to sponsor a new H-1B in order for you to work for them. They may not be interested in the time or expense, so you'll work on the EAD - because there's no legal impediment preventing them from filing a new H-1B petition on your behalf. Even if the Cronin Memorandum vanished tomorrow, you'd just leave the US and re-enter on the H1B.

I'm aware of all other discussions about how staying on H1-B is a safety new i case I-485 is denied, etc., but my new employers maintains that this is hardly a safety net since Cronin memo is gray area and very controversial.

"Very controversial"??? It's only been around for almost a decade and never been litigated or battled over. Were all controversies so quiet! They do, however, have a point that USCIS could change their mind on this subject tomorrow if they so wished.

Really, your fears of I-485 denial are overblown, especially in something like NIW where almost all of the risk is in the I-140. Once that's approved, I don't see much fear in working on the EAD.