Switching from EAD to H1

[pandeyrj]

I am on 4th yr of L1+H1 & planning to work on EAD for another employer on AC21. I want to know if can switch from EAD to H1 if any issue comes in 485.

Once I start work on EAD for another employer, can I extend my H1 visa which is expiring on july 2008 from the GC sponsering employer? Or I can I file new H1 with any employer & have it as backup in case if 485 will be rejected?

Please reply.

Thanks.

[smmakani]

As per my knowledge, you have to work with the company that files you H1. H1 is live and active as long as you get paid from that company otherwise it is useless even though employer does not specifically gets it revoked. You can't file H1 from other employer with whom you are not working just keep it as a Backup for 485.

Please take the advise of a professional attorney.

[ramaonline]

GC is a future job offer and does not require one to be working for the gc sponsoring employer when the employer starts the GC process.

Your h1 status ends the moment you start using EAD to work for another employer. You can always get back into H1 status but wld need to re-enter the country with a valid H1B stamp - Any employer is fine.

It is not possible to switch from EAD to H1B or any non-immigrant status in the US.

AC21 helps if you quit the gc sponsoring employer or if the employer closes shop.

[pandeyrj]

Thanks ramonline. But I was in L1 & after getting H1 I didn't re enter to make H1 valid. While applying H1 itself there was AOS which I filled that meant "I am in US & please adujust my status on basis of that."

If we can back from EAD on any employers H1 then I think same condition applies & no need to re enter to validate H1.

[rajenk]

Answering the original question.

It is always safe to maintain H1 status. You can port your AOS to your new employer, provided that your I-140 was approved and AOS was filed 180 days before. If that is the case then have the new employer transfer your H1. Also now you can get 3 year (beyond 6 years based on your approved I-140)

Don't opt for using EAD, the benefits are less than risks. Using H1 has the only drawback of having your employer renew it in a timely fashion. And also paying for all filing and legal fees.

You don't have to re-enter if you do the way I said above.

Good luck.

-Raj

[ramaonline]

If u go by the previous poster's suggestion then u don't need to re-enter since you would never use EAD status

L1 to H1 and h4 to h1 etc is a change of status from one non-immigrant visa to another and it is ok to do that within the US. Same for f1 to H1

EAD to H1 is not possible within the US since your h1 status ends the moment u start using EAD

[pandeyrj]

Thanks Ramonline, it helps.