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Can i switch back to H1 from EAD if needed ?

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  • Can i switch back to H1 from EAD if needed ?

    I am Currently on H1B and have it valid until mid of 2014. Recently i have got my EAD based on pending family based I-485 (F2A) and currently waiting for I-485 interview with USCIS.
    If i make use of my new EAD for a new full time job and in case if my I-485 application gets denied due to any reason will i go out of status? or since i have my H1B until mid of next year i can continue on that H1 ?

  • #2
    Originally posted by Libin View Post
    I am Currently on H1B and have it valid until mid of 2014. Recently i have got my EAD based on pending family based I-485 (F2A) and currently waiting for I-485 interview with USCIS.
    If i make use of my new EAD for a new full time job and in case if my I-485 application gets denied due to any reason will i go out of status? or since i have my H1B until mid of next year i can continue on that H1 ?
    If you start a new full time job, that means you’re going to leave your current employer, right? If the I-485 gets denied, you will be out of status. You can go back on H-1B but it’s not automatic. You will have to leave the country and re-enter with the H-1B. If you don’t have an H-1B visa stamp, you will need to get one at a U.S. Consulate in order to return. What this means also is that you will need to re-join your previous employer, if they haven’t already cancelled the H-1B. If they won’t take you back or if you want stay with new employer, they will need to file a new H-1B petition. It may be safest for you to stay on H-1B until the I-485 is approved.

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