I have to File a H-1B Visa Transfer Application with My New Employer?
I am in the H-1B visa, and it is near my 6 year H-1B limit. I want to change my job and I have an Employment Authorization Document (EAD) currently, which I received from USCIS after my I-485 application.
Since my I-485 has been pending for more than one year, can I use my EAD after my job change based on the AC-21 rule? or I have to file a H-1B visa transfer application to USCIS with my new employer?Answer:
You can use your Employment Authorization Document (EAD) for working with the new employer. But the better way is that you can also file a new H-1B visa transfer application with my new employer.
This is possible because according to the AC-21 rule, you are eligible for H-1B extension even after the 6 year H-1B visa limit, if your form I-485 application is pending for more than 180 days. Therefore, using the EAD to work for the new employer is not the only option.
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