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Whether I Should Continue to Work with H-1B or Using the EAD for Employment?

Hi William,

I have filed Adjustment of Status Applications, Form I-485,  and received the Employment Authorization Document (EAD). I want to now whether I should continue to work with H-1B status, or start using the EAD for my employment?


The EAD provides unrestricted employment authorization, and 
EAD is a valuable privilege. With EAD,  the alien workers may find that they have more employment options. But by using EAD for employment authorization, the alien workers are relying solely on the I-485 as their basis for being in the United States.

Thus,  it is
generally safer to maintain a H-1B nonimmigrant status rather than relying solely on the I-485 and EAD. However, for some, there is no choice, as the employer may not extend the H-1B status after the person has the EAD, or others may have faced layoffs and other job issues, and have to move to a new employer using the EAD.

Once the I-485 has been pending for 180 days, applicants often start to consider job changes under the American Competitiveness in the 21st Century Act (AC21), and US employers are not required to sponsor H1Bs or other nonimmigrant categories. Thus, the potential employers increases once an alin worker has an EAD.

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