H1 vs EAD

[kannayya]

Hi
My employer has filed GC for me. i-485 receipt completed 180days requirements. The company has shut down the facility and laid of all the people about a month back. I got EAD also. Currently i am in search of suitable position. I was told i could use EAD for same or similar job alternatively have H1B. I have H1B valid for next 2 more years. I am a dual professional. I can do the job for which i-485 was filed and alternatively i can work as a software professional. I request from the forum a clarity on the following issues:
1. I was laid off about one month back (the lost job was based on H1B) and having EAD, am i out of status if do not use my EAD while i am trying for suitable position for which my GC was filed to meet the AC21 requirements.
2. My wife is also granted EAD and can she be working on EAD on any job to maintain my status of H1B if i do not want to use my EAD?
3.As I am having EAD, will i be on status if i do not use the same and keepv trying to find a suitable position which will meet my H1B requirements (AC21 requirements)?
I appreciate your feedback.

[Subramanya]

H1 and EAD

My employer has filed GC for me. i-485 receipt completed 180days requirements. The company has shut down the facility and laid of all the people about a month back. I got EAD also. Currently i am in search of suitable position. I was told i could use EAD for same or similar job alternatively have H1B. I have H1B valid for next 2 more years. I am a dual professional. I can do the job for which i-485 was filed and alternatively i can work as a software professional. I request from the forum a clarity on the following issues:
1. I was laid off about one month back (the lost job was based on H1B) and having EAD, am i out of status if do not use my EAD while i am trying for suitable position for which my GC was filed to meet the AC21 requirements.

---- If you have your EAD and it is current and valid you are in status. However you'll have to renew it well before it expiry to keep it alive, till you get the green card

2. My wife is also granted EAD and can she be working on EAD on any job to maintain my status of H1B if i do not want to use my EAD?

---- Your wife's EAD is now independent and only based on your I-485 filing and not the H1 (although H1 is important for I-485). She can work on any job of her preference and liking. It will not have any bearing on your EAD. However, she also has to renew her EAD

3.As I am having EAD, will i be on status if i do not use the same and keepv trying to find a suitable position which will meet my H1B requirements (AC21 requirements)?

---- You will be in status as long as the EAD is valid. Once your H1 validity date is completed, you are no longer on H1, if you have not renewed it. The only status that you can hang on to is your EAD.

---- At this stage whether you do a job on EAD or H1 status is immaterial. However, if you want to continue on H1 you'll have to transfer your H1 to the new company

Subramanya

[kannayya]

Reply looks more logical and favorable. I appreciate taking time and replying to the querries.
Thanks