On H1B until 2022, now GC EAD approved... What to do with H1B?

[Bk0431]

I have H1B valid until Sep 2022, August 2020 I applied for I-485, I -130, I-131, I-765 ( marriage based). Today I received I-765( GC EAD), I 131, and waiting for an Interview. My question is, what I have to do with H1B?. One more thing last week I got a job, do I need to submit an amendment with help of my employer, or I can continue with GC EAD?


Thanks in advance...

[Enub4]

My guess is: because the EAD is marriage-related and not EB, you can work with your AOS EAD and you don't need to worry about your H1B. In your interview, you can disclose that you changed jobs.

[vpratap397]

I have H1B valid until Sep 2022, August 2020 I applied for I-485, I -130, I-131, I-765 ( marriage based). Today I received I-765( GC EAD), I 131, and waiting for an Interview. My question is, what I have to do with H1B?. One more thing last week I got a job, do I need to submit an amendment with help of my employer, or I can continue with GC EAD?


Thanks in advance...

As far as I know, if you use GC EAD or advance parole, you'll loose your all other status, and your status will be based on pending I-485. If for some reasons, I-485 gets denied, then you'll loose your status. So, if you are continuing with the same employer, then I would suggest to keep using H1B. I am not sure how the H1B process works when you change employer, though I am sure it may not be as easy as just using GC-EAD. Is your marriage with a US citizen? Spouse of US-citizens may have some immunity or alternative solutions if I-485 gets denied, though that needs to be confirmed with an immigration lawyer.

[Bk0431]

As far as I know, if you use GC EAD or advance parole, you'll loose your all other status, and your status will be based on pending I-485. If for some reasons, I-485 gets denied, then you'll loose your status. So, if you are continuing with the same employer, then I would suggest to keep using H1B. I am not sure how the H1B process works when you change employer, though I am sure it may not be as easy as just using GC-EAD. Is your marriage with a US citizen? Spouse of US-citizens may have some immunity or alternative solutions if I-485 gets denied, though that needs to be confirmed with an immigration lawyer.

Thanks for your response, I married to the US citizen

[vpratap397]

Thanks for your response, I married to the US citizen

I guess the best bet would be to consult an immigration lawyer at some online platform, and get some clear answers and solutions to be best prepared.