Staying on H1-B visa v/s switching to EAD

[abhi999]

Hello all,
I was in an interesting situation earlier this year when my EAD/AP applications at VSC were pending and I had a trip planned to India in April. Also my six year H1-B visa was expiring in the middle of my trip.

Hence, I got my 7th year extension on my H1-B visa through premium processing and got it stamped while I was in India. Also, just before I was to leave for India, I found out that my EAD/AP were also approved but I did not have the relevant documents in hand.

I have arrived back in the US on my H1-B visa and have received my EAD/AP documents as well.

What are the advantages of staying on H1-B visa v/s switching to EAD? What is the official process of switching?

I ask this because I may be in a situation where I may have to change my employer (for a variety of reasons). I have already found out that I can do that since its already been six months since my I-485 was filed. Is it advantageous then to switch to my EAD?

Also, are there any rules about this switch? What I mean is if my employment with my current employer terminates on Day 1, do I have to start my employment with my new employer on the very next day (Day 2), or can there be a gap in between?

Any suggestions/insights on this issue are greatly appreciated.

Thanks in advance.

 

[Ak2003]

What are the advantages of staying on H1-B visa v/s switching to EAD? What is the official process of switching?

I ask this because I may be in a situation where I may have to change my employer (for a variety of reasons). I have already found out that I can do that since its already been six months since my I-485 was filed. Is it advantageous then to switch to my EAD?

The advantage of staying on H1 vs. EAD is that if your I485 petition gets rejected then you will have a chance to stay on and appeal.

You could start using EAD at any time, to do this you just need to let your employer know that and i think you need to fill out a form I9 and the employer keeps it with him.

Also, are there any rules about this switch? What I mean is if my employment with my current employer terminates on Day 1, do I have to start my employment with my new employer on the very next day (Day 2), or can there be a gap in between?

Any suggestions/insights on this issue are greatly appreciated.

Thanks in advance.

With EAD remember that whenever you are changing employer you will be exercising AC21 (if you get an RFE). This means your new employer will have to state that he will employ you even after you get GC. So from this i derive that its better to be employed all the time when you are on EAD otherwise if your I485 application gets adjudicated you might get into trouble.

 

[ginnu]

Hello all,
I was in an interesting situation earlier this year when my EAD/AP applications at VSC were pending and I had a trip planned to India in April. Also my six year H1-B visa was expiring in the middle of my trip.

Hence, I got my 7th year extension on my H1-B visa through premium processing and got it stamped while I was in India. Also, just before I was to leave for India, I found out that my EAD/AP were also approved but I did not have the relevant documents in hand.

I have arrived back in the US on my H1-B visa and have received my EAD/AP documents as well.

What are the advantages of staying on H1-B visa v/s switching to EAD?
---other poster ihas replied, If any problem with I-485 then you can stay and work in US if you have H1 valid status, you can bring your spouse on H4
it is better to maintain H1 status
What is the official process of switching?
--- if you need to change from H1 to EAD then you need to have valid EAD in hand just fill up form I-9 with employer( they dont send it to USCIS it is kept with HR) always file renewal of your EAD 6 months advance and file new AP 6 months advance so that you have always valid EAD and AP in hand
I ask this because I may be in a situation where I may have to change my employer (for a variety of reasons). I have already found out that I can do that since its already been six months since my I-485 was filed. Is it advantageous then to switch to my EAD?
----- you are eligible to use AC21 if I-140 is APPROVED AND I-485 is pending more than 180 days, it is better to join new employer with H1 Transfer, if not possible then only use EAD and once you use EAD you will NOT be on H1 status and No H1 extensions and no H1 transfer in future and no 8th year H1 extension
Also, are there any rules about this switch? What I mean is if my employment with my current employer terminates on Day 1, do I have to start my employment with my new employer on the very next day (Day 2), or can there be a gap in between?
----- after filing I-485 it does not matter if you dont have job for month or 15 days you must be working before I-485 approval, when you join new employer clear with him that you will need PERMANENT JOB OFFER letter in same skills on approved LC from past employer AND you may also have to submit new employer Financial documents to prove ability to pay, clear everything before joining and better join with H1 transfer becase if new employer is not good you can again join second employer with H1 transfer or with EAD you are allowed to use AC21 more than one time


*** before you leave your employer try to collect copy of I-140 filing reciept or I-140 approval copy , I-485 filing reciept copy, AND approved LC copy( particlarly form ETA750A that has your skills in item 13 on it, so that new employer/lawyer can write the same skills on Job offer letter to use AC21)