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Family based immigration for H1-B visa holder

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  • Family based immigration for H1-B visa holder

    I became a U.S citizen recently. My husband is on H1-B. He is thinking of a job change. When we file I-130, I-485 is it advisable to also file for an EAD? Does this mean his new employer may not file for an H1 or can he still initiate an H1 Transfer (i.e work and travel on an H1-B) but keep the EAD?

    thanks!

  • #2
    It is a good idea to get an EAD. If your husband has an EAD, he can work anywhere. At that point, there would be no need for any H1 stuff anymore, although an employer can of course file an H1 transfer. Even with having an EAD, your husband is still on H1. Only when he uses the EAD, then he no longer is on H1. If he uses the EAD, he needs Advance Parole for travel abroad.

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