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H1b Transfer / Ead - When Aos Pending

Discussion in 'Nonimmigrant Visa Validity' started by pj79, Jul 10, 2016.

  1. pj79

    pj79 New Member

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    Hello Ron,

    I have filed for I485 a couple years back and have an H1 and EAD. I am looking to switch employers and thinking of moving to use EAD. I had a couple questions

    1) Is there any issue with moving to EAD? I have seen a few comments on the fact that if there is any issue with I485, then you can technically stay until the expiry of the H1B (in case you have one), even tho if you are in parolee status - as opposed to EAD, where you have to leave the country asap (although you may have upto 6 months.)
    2) While switching jobs - can you start immedciately using EAD and then apply for H1 transfer?
    3) Say yo transfer H1, can you do a part time job on EAD on 1099? - Some lawyers have said yes to this.

    I am not sure why people are reluctant to moving to EAD and some employers advise to remain in H status. Never got a convincing answer to this.

  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I don't see any problem with moving to an EAD. If a problem happens, it will likely involve a revocation of the I-140. By not using H1B time now, you can use it at that time.

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