Switching Jobs

J

jchung

Registered Users (C)
My I-485 is pending for ~ 1 year.

My EAD expires in September, my company filed for renewal this month, unlikely to get it. I have found another job and would like to move.

What should I do?

1) Ask the new company to file H-1 (is it allowed to go back from EAD to H-1) and concurrent filing of EAD renewal and H-1
2) Wait for renewed EAD to come which may take months.

Thx
 
1. You can go back to H1 if you have time in h1 (include EAD time). After you exercise AC21 it does not matter whether you use H1 or EAD.

Also Apply for EAD on your own this time.
 
jaxen,

doesn't jchung become an "adjustee" when jchung exercises ac21. after which, my understanding is that h1 becomes a good backup option.

correct me if i am wrong.
 
Not clear

Jaxen,

Can you please give me a flow chart. I am not at all clear about your response. Something like.

1) Apply for EAD on your own (since an extension has already been filed) won't it bomb??
2) Quit old job....

.....

X) Join new job and be happy!!!

Thanks so much
 
No, Exercise of AC21 merely means that the future job- GC is going to be with the new employer. It does not matter whether you use EAD or H1 transfer to join the new employer.
If your previous h1 has NOT expired , then you can either use H1 or EAD.
You can have multiple EAD applications pending. But BCIS might approve only one.

If your H1 is still valid, apply for h1 transfer and join new company.

If you are relying on EAD for authorization, September is more than 4 months away, so with the receipt of the new EAD applied by you, you can go and get an interim EAD and continue to work on your own.

If current employer gives you a copy of the current EAD receipt that is enough for you to get interim EAD(along with I485 receipt copy). Generally the approved EAD is send to the applicant. Maybe you dont have to apply for a new EAD after all.
 
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