What is a good option - EAD or H1 transfer?

[augustus123]

My current status is H1-B (7th year ext) and the extension is till 2011. I also have an EAD. I am planning to quit my company pretty soon.

What is a good option for me ? Why ?

1) SHould i transfer my h1-b to the new employer?

2) Should i just use my EAD and change status to a parolee ?

What all should happen if i use option #1 ?

Thank you so much for your expertise.

 

[mmed]

My current status is H1-B (7th year ext) and the extension is till 2011. I also have an EAD. I am planning to quit my company pretty soon.

What is a good option for me ? Why ?

1) SHould i transfer my h1-b to the new employer?

2) Should i just use my EAD and change status to a parolee ?

What all should happen if i use option #1 ?

Thank you so much for your expertise.

Because you already exhausted your H till its end and extending it because you have pending I-485, it does not mater for you except if you have dependents not applying yet for I485. In other words, if your dependents, if any, already applied for I485, EAD or H is the same.
Usually people keep the H in case their I485 denied, in this case the H will give them legal status by then. But, if they exhausted the 6 years on H, if the I485 denied, by then the EAD, the extended H and every thing will collapse. Using the EAD is easier and relatively not costy and apply to renew it 120 in advance to avoid unexpected delay in renewal even if you loose few months from the validity of the EAD. It may be easy to find employer on EAD rather than to request H with its hassles for many employers.
It is your choice and take whatever you psychologically feel better.

 

[augustus123]

Thank you so much.

 

[ginnu]

My current status is H1-B (7th year ext) and the extension is till 2011. I also have an EAD. I am planning to quit my company pretty soon.

What is a good option for me ? Why ?

1) SHould i transfer my h1-b to the new employer?

2) Should i just use my EAD and change status to a parolee ?

What all should happen if i use option #1 ?

Thank you so much for your expertise.

H1 status has advantages. If any problem with I-485 then you will have H1 as back up, you can bring your spouse on H4. I don’t know your PD. If your PD is 2004 or 2005 EB3 India it may take long time for GC according to present visa numbers and you may have to apply for EAD 2-3 times (more fees) but you can get H1 extension for 3 years if PD not current. I would keep the valid EAD as back up and join with H1 transfer.

 

[mmed]

H1 status has advantages. If any problem with I-485 then you will have H1 as back up,

That is right, but as his post said, he alreay exhausted the H till its end (as many do) and any further extension will be merely because of pending I485. If any problem happend to that I485, this will affect every thing even the H which extended based on it

 

[ginnu]

That is right, but as his post said, he alreay exhausted the H till its end (as many do) and any further extension will be merely because of pending I485. If any problem happend to that I485, this will affect every thing even the H which extended based on it

If one gets H1 extension based on pending I-485 and later I-485 has problem then the H1 is still valid till validity date. H1 don’t get invalidated if I-485 has problems. It depends what kind of problem I-485 has and one will have the option to file MTR or one can go for appeal.