Should I Apply For A H1B Visa While I-140 Pending?

Dr. William:

I am a research associate in an university with J1 visa, and I got J1 waiver recently. My I-140 based on EB1-OR is pending, and I filed the I-485 and EAD together last week. 

My question is: does it safe to work on EAD after my J1 visa becoming invalid, or I should apply for a H-1B visa?


H-1B is a dual-intent non-immigrant visa. You are allowed to have immigration intention while keeping H-1B status. This is not the case for other non-immigrant visas, which require you not having immigration intention.

In your situation, you can work on EAD during I-140 / I-485 adjudication period. But it is more safer with a valid H-1B status. Also, you can have EAD and still keep a valid H-1B at the same time.






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