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H1 to EAD and dependent status

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  • H1 to EAD and dependent status

    Hi,
    I am currently on H1-B visa. I also have an EAD, valid till Nov 2008.
    My wife is also currently on EAD, applied through me, as dependent.

    It has been more than 180 days since I got my EAD
    Now, I want to switch jobs and wish to move from H1-B to EAD.
    I had a couple of concerns regarding this.

    1. Is there any specific form or something I need to file for this transfer.
    2. Can my company revoke the EAD or green card process? In that case I could go on H-1B with another company but my wife will be out of status and she is starting school soon with the EAD.
    3. In case I need to just switch H-1Bs, do I need to still renew my EAD right away or can I do that after Nov 2008 also?

    Please advise. Thanks a lot

  • #2
    1. It is not clear if you want to transfer the H1b or work on EAD. If you want to work on EAD, you become a parolee. Hope your I140 is approved. It is good if you can inform USCIS about you invoking AC21 and changing your GC sponsor you your new employer though it is not mandatory, it is recommended.

    2. EAD belongs to you. Company cannot do anything about it. They can revoke an approved I140 but that will not have any impact after 180 days and if you moved to a same/similar job and filed your AC21 request. Both of you will be parolees once you use EAD.

    3. Switch H1b? Confused about this question.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thank you for your quick response.
      My I-140 has NOT YET been approved. Online status on USCIS says that they received payment in November 2007 and the case is pending.

      WRT the H-1B question, if I wanted to change my employer, Can I switch my H-1B, allow the EAD to expire and then re-apply for another EAD at a later time if needed. Would this process hinder the EAD that my wife currently has?

      Thank You.

      Comment


      • #4
        I would NOT recommend a move for you at this point in time without a I140 approval. It is very risky for your GC.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          THanks TX

          Comment

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