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Offline Yogi  
#1 Posted : Thursday, January 23, 2014 10:45:01 PM(UTC)

Rank: Newbie

Joined: 1/23/2014(UTC)
Posts: 1
United States
Location: San Francisco, CA

1. My EB2 PD is Sep 2009 and it's been almost 2 years since I and my wife filed for I-485.
We have an EAD/AP and also a current H1-B/H4? H1-B is not currently stamped though. It was renewed again only recently.

For the current job, is it better to switch to the EAD or keep working on H1-B?

2. What happens in case of a lay-off while I-485 is pending?
In case of an lay-off, is it better to be on H1-B or EAD?
Can you file AC-21 and find new employment directly using the EAD or
is it more advisable to transfer over the H1-B?
Do you become out-of-status even though you have a valid EAD in case of a lay-off or does having the EAD does keep you in status and buys you more time to find a new job that satisfies AC21 requirements?

3. Similarly, for a job change, which is better to use? Transfer H1-B or file an AC-21 and use EAD?

Please advise. Thanks a lot in advance
Offline Amazon  
#2 Posted : Wednesday, February 5, 2014 6:20:36 PM(UTC)

Rank: Senior Member

Joined: 5/31/2013(UTC)
Posts: 591

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It is recommended to stay on H1 visa and use EAD as a backup. The good thing is that since it is over 180 days since you filed I-485 application, you can use AC21 rule to transfer to another employer. You can also use a valid H1 visa to transfer to another employer.
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker
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