How to change from H1B to EAD/AP?

[pagetrip]

I am currently on H1B visa, and my role is being eliminated and I was told that my last working day would be 2 months from now. I currently also have EAD and AP (combo card) through my spouse's I-485 application. How do I move from H1B to EAD/AP? I am planning to take a break of about 6 months after my last working day to learn some additional skills before I jump back into the job market. Do I have to travel out of the country and enter on EAD/AP for it to activate or can it be done while I am within USA?

Thanks.

[newacct]

What do you mean by "move to EAD/AP"? What does that even mean? EAD authorizes you to work, but you are not planning to work for a few months, so the EAD is not relevant during this time. AP allows you to leave the US and re-enter, but you have not said anything about needing to leave the country during this time. So what are you asking about? If you are talking about the ability to stay in the US, you can stay in the US by virtue of having a pending I-485 application. You don't need EAD or AP for that.

[pagetrip]

What do you mean by "move to EAD/AP"? What does that even mean? EAD authorizes you to work, but you are not planning to work for a few months, so the EAD is not relevant during this time. AP allows you to leave the US and re-enter, but you have not said anything about needing to leave the country during this time. So what are you asking about? If you are talking about the ability to stay in the US, you can stay in the US by virtue of having a pending I-485 application. You don't need EAD or AP for that.

This is what I was asking. Do I have to do something to inform USCIS that I am moving from H1B to AP? Or is that done automatically? For example, for someone to move from H1B to EAD, they file for I-9. Is there any such procedure for continuing to stay in USA on AP? Since I am losing my job in couple of months, I won't be on H1B legally. How would USCIS know that I am on AP?

[newacct]

This is what I was asking. Do I have to do something to inform USCIS that I am moving from H1B to AP? Or is that done automatically? For example, for someone to move from H1B to EAD, they file for I-9. Is there any such procedure for continuing to stay in USA on AP? Since I am losing my job in couple of months, I won't be on H1B legally. How would USCIS know that I am on AP?

No. You don't "move" to anything. At the end of your grace period, you are no longer in H1b status. You don't "move to" some other status; you simply have no status. You can stay in the US because you have a pending I-485 even if you don't have a status. It's that simple. You don't need to inform anyone of anything.