Work on EAD while H1B Change of status is pending

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gcwaiter_74

Registered Users (C)
Can I work on an EAD while a H1B Change of status (COS) is pending? And Can I come back to H1B status once the COS is still pending or approved?
Any advice is appreciated.

Thanks
 
Please follow H1 B expired 140 in appeal posted by gcconfusion ..

H1 B expired 140 in appeal posted by gcconfusion has the same discussion going on. Use that for all related questions. Thanks.
 
I saw that thread and I believe that my question is little different. I have valid H1 status and want to know if I can use EAD while change of status is pending and then shift back to H1 status after 1 or 2 months.

Thanks
 
To swtich back to H1, need to leave US for an year

My openion:

Cannot swtich back to H1 after few months once used EAD for work or AP for travel .

Need to leave the country for one calander year and can come back on fresh H1.
 
You do not need to stay for year. All you need is new I-94. So you can return on new approved H1 with new stamping.

Indeed I know a case in first hand. He was working on EAD. His company revoked his I-140, so I-485 was denied. He left the country within two days. His company applied H1 premium. He was back to work in one and half month time on H1. I heard his attorney was telling if it is seventh year extension it would have become problem.
 
Using EAD is saving H1 time unless 6yrs completed.

Yes. I forgot about that. I am in the 8th year anyway. Thanks for correction.
 
tammy2,
Thanks for the info. Did your friend apply for a new H1? And only after stamping in home country, can he come to US?
 
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