If I Apply for EAD For A New Job, Can I Still Keep My H-1B Status?

Dr. William:

Thank you so much for your help and the very powerful "Complete Do-It-Yourself Package" for NIW, my I-140 application was approved last week by VSC!

Now I want to apply for I-485 for status adjustment, but my company's business situation is not good at this time, and it is possible that I may change job due to the company possible layoff in near future. I want to know that if I apply for EAD for the the new job (due to the I-140 approval), can I still keep my H-1B status?


Answer:

Congratulation for your I-140 approval, and thank you for letting us know it! An H-1B nonimmigrant has the option of applying for an EAD after I-140 approval. However, if you use the EAD to work for another employer, you will not be maintaining the H-1B status. 

If your I-485 application is rejected, you loss both your application case and your EAD work permit at the same time.

 

 

 

 

     

 

 

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