URGENT!! Please help - question on EAD vs H1

I

illusion

Registered Users (C)
Hi friends,

I have a question on EAD vs H1.

I have my H1 remaining for another 4 years. Also, thru my husband who had filed for GC.. I have got my EAD card as well.

Since the company I am currently working is slowly sinking(might even lay off unexpectedly) ..I am thinking of looking for new job. Now, just in case they lay off..I am sure I can work using my EAD. Since I have a lot of time on my H1 I don\'t wish to use my EAD now.

1) In that case..will I be out of status if I do not apply for a H1 transfer before the current employer lays off?
2) Or is it that I will not lose status since my I-485 is filed(dependent on my husband) and that I have a EAD.
3) If I start using my EAD to work now..can I use the remaining H1 again in future? In that case ..will it be a fresh H1( that comes under H1 quota)or can I do a EAD to H1 transfer (if that facility is available)

Any answers and inputs will be greatly appreciated.

Illusion
 
No Title

You don\'t need H-1 to change your job since you already have EAD.
If somehow your GC is denied, your EAD expires immediatly. In that case, you have to go back to H-1 immediatly, as long as your company sponsor you.
 
No Title

1) No you will not be out-of-status, as long as your AOS petition is not denied. And most denials are over-turned on appeal.
2)Correct, You will not be out-of-status, persuant to your I-485 petition
3)Yes, you can come back to H-1 status at a later date, but there is no EAD to H-1B transfer.
But I don\'t understand why you are reluctant to use your EAD, even after obtaining one. Do you know of any (bad) consequences of using one? And what use is an H-1B for you once you become a Permanent Resident?
 
No Title

Hi Govind,

Thanks for your help in clarifying my doubts..
My main concern about using my H1 instead of EAD is -- I have not applied for Advance Parole and hence if I need to travel outside US I can do it on my H1.

-illusion
 
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