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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #1  
Old 12-14-2008, 04:54 PM
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Priority Date
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Mar-05
Category
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EB2
I140 Mailed Date
:
05/01/2007
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I485 Mailed Date
:
07/31/2007
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strafforddude is on a distinguished road
Default EAD to H1B

Hi,

I am working for campany A on H1B visa. Company A sponsored my GC. My I-140 & I-485 are pending. I am offered a full time job at company B. Company B is not willing to apply for H1B, so i have to use my EAD. My current employer (Company A) agreed to let me go and supportive of my decision.

Question: If i use my EAD to join company B without informing USCIS, and at later point join my sponsoring employer (Company A) on same H1b which i have right now will it be a issue ?

Is there any way USCIS coming to know that i switched employees in between.

Thank you !!
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  #2  
Old 12-14-2008, 07:49 PM
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laksmi is on a distinguished road
Default

Better to wait until I140 gets approved to use your EAD.
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  #3  
Old 12-15-2008, 01:20 PM
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Priority Date
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Nov-05
Category
:
EB2
I140 Mailed Date
:
03/01/2006
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cooler has much to be proud of cooler has much to be proud of cooler has much to be proud of cooler has much to be proud of cooler has much to be proud of cooler has much to be proud of cooler has much to be proud of cooler has much to be proud of
Default Could be a problem

IMHO, If you have a valid H1b visa, then you need to be gainfully employed to keep the visa valid and that would mean you continue to get paid. If not, then that that is a problem. Joining the 2nd company on EAD is not a problem. Coming back to the 1st company on EAD is not a problem either. If you want to keep your H!b alive/valid, then I would suggest that you port/transfer your H1b visa to the 2nd company and when you are done with him, transfer h1b back to 1st company.

Seems like a lot of trouble to keep the h1b visa valid, but then again, that is one of the options.
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  #4  
Old 12-15-2008, 02:41 PM
Junior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
05/01/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
07/31/2007
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Posts: 11
strafforddude is on a distinguished road
Default

Hi Cooler,

Thank you for your response. Company B is not willing to sponsor H1B.

Lets say if campany A keeps paying me (runs my payroll with salary specified on my H1 petition) Will that keep my H1b alive and active when i work on EAD for company B ? ( Did i get that right )

Will USCIS know that i have switched jobs in between ?

What does IMHO mean ?

Thank you for your help
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