working on H1(no stamp) and using AP

[mimihu]

I am currently in H1 status (passport not stamped). I am going to visit my home country next month and come back with AP. After reading so many discussions here, I understand that I would still keep H1 status as long as I work for the same employer.

My question is: what will happen if I change employer in the future, say, in 1 year? Do I have to use EAD to work for the next employer? To be safe, I don't like the idea of using EAD before I-485 gets approved.

 

[Ak2003]

I am currently in H1 status (passport not stamped). I am going to visit my home country next month and come back with AP. After reading so many discussions here, I understand that I would still keep H1 status as long as I work for the same employer.

My question is: what will happen if I change employer in the future, say, in 1 year? Do I have to use EAD to work for the next employer? To be safe, I don't like the idea of using EAD before I-485 gets approved.

If you change your employer your H1 will be invalidated and you will have to use EAD with your new employer. But keep in mind that its better to change employer after 6 months since you filed for your I485 and you must have an approved I140.

 

[ginnu]

I am currently in H1 status (passport not stamped). I am going to visit my home country next month and come back with AP. After reading so many discussions here, I understand that I would still keep H1 status as long as I work for the same employer.
----correct
My question is: what will happen if I change employer in the future, say, in 1 year? Do I have to use EAD to work for the next employer?
----- you can file for H1 transfer and join with H1 transfer you can file H1 transfer H1 extension

for more info read:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
To be safe, I don't like the idea of using EAD before I-485 gets approved.
------ you are correct

 

[mimihu]

Ak2003

My I-140 has been approved and I-485 pending for over 6 months. I am in the second year of H1.

We all agree that I could use H1 to work for the same employer(should always be the same???) after using AP. Why do you think I will have to use EAD if I changed employer later? I mean, since my H1 is not invalidated by using AP, why I can't let the new employer to sponsor or transfer my H1 as ginnu said?

Thank you.

If you change your employer your H1 will be invalidated and you will have to use EAD with your new employer. But keep in mind that its better to change employer after 6 months since you filed for your I485 and you must have an approved I140.