The Advantages And Disadvantages Of Applying For New H-1B Or Using EAD?   

Dr. William:

I filed I-485 more than 6 months ago and still waiting. If I want to change job now, what are the advantages and disadvantages of apply for new H-1B or using my EAD?   


If you spent more than 365 days from priority date and still in I-485 stage, AC 21 gives the benefit of indefinite extension of H-1B status in one-year increment after 6 years. For this advantage, you has to maintain H-1B status without any violations. If I-485 is denied, you can continue and complete the H-1B employment and extend H-1B status if does not extend beyond the 6-year limit.

If you work on EAD, there is no restriction for employers to relocate the employee around geographically. Employer can also adjust working conditions and employment terms either from full-time to part-time or even place the employee on the bench without violating any laws. There are many variables to consider. For instance, the period of EB-485 waiting time, distance from the 6-year H-1B cap limit, new employer's willingness to spend expense to file a new H-1B petition.







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