Valid H1-EAD extn pending - Job change

[skumar69]

Hi,
I have a valid H1. My EAD is expired and I filed extension today. Can I take a job in US based company and travel to India for few months to setup their business there? Will I need to do H1 transfer? What will happen to my EAD extension? Till now I have not used my EAD?
Will it be safer to work with them on H1 and keep EAD unused? Will all this impact my GreenCard process (i-140 approved, 485 filed).

 

[thota]

File H-1 Transfer

You mentioned your EAD is expired and you are planning to switch employer. I would suggest to file the H-1 transfer from the new employer. Wait untill it is approved and ask them to pay salary in US bank account. So that you will have proof if USCIS audit.

I am not a lawyer.
Thota

Hi,
I have a valid H1. My EAD is expired and I filed extension today. Can I take a job in US based company and travel to India for few months to setup their business there? Will I need to do H1 transfer? What will happen to my EAD extension? Till now I have not used my EAD?
Will it be safer to work with them on H1 and keep EAD unused? Will all this impact my GreenCard process (i-140 approved, 485 filed).

 

[ginnu]

Hi,
I have a valid H1.
My EAD is expired and I filed extension today.
----you have H1 of A
Can I take a job in US based company and travel to India for few months to setup their business there?
-----------------Do you man Company B?
Will I need to do H1 transfer?
----------------if you want to work with B then B need to file H1 transfer for you and join B once you get H1 transfer filing reciept.
What will happen to my EAD extension?

Till now I have not used my EAD?
----------EAD is based on YOUR pending I-485. EAD has nothing to do with H1. if you use EAD you will invalid H1 status
Will it be safer to work with them on H1 and keep EAD unused?
----better option
Will all this impact my GreenCard process (i-140 approved, 485 filed).
----------------If I-140 is filed by A and is approved and I-485 is pending more than 180 days then you are eligible for AC21. Read the thread or post for AC21 in AC21 thread.

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