1/24/2014 6:45:01 AM
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
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.