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H-1B portability vs EAD

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  • H-1B portability vs EAD

    Hi,
    I am being released from my contract from my current employer
    and am looking for a new job.
    My I-140 has been approved; my I-485 has been pending for about 5 months and currently I have my EAD.

    1. If I work for an employer without an approved I-129 temprarily while looking for a visa sponsored job, will my H-1B status become automatically invalid?

    2. If I work with my EAD, will my H-1B status become "out of status"?

    3. And would my I-485 that is pending be affected if I work under my EAD and my H-1B becomes "out of status"?

    Please help! It's urgent!
    Thank you!!

  • #2
    1. Yes
    2. No, You become a parolee and are no longer on H1b.
    3. As long as your current employer does not revoke your approved I140, you get past the 180 day mark since your I485 was filed, you are free to use AC21 and change to a new employer in same/similar job and port your GC sponsor to the new employer.
    Short answer, No, you become a parolee and you should ensure current employer does not revoke the I140 till you pass the 180 day mark.

    Reading this would help.

    https:///employment-based-greencard/...-employer.html
    Last edited by txh1b; 04-30-2008, 05:59 PM.

    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.

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