Home William's Answers for Immigration and Visa Questions  |    Facebook  Twitter
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?

Answer,

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.








Questions & Answers for Green Card Application
EB1 Extraordinary Ability (EB-1A)
EB1 Outstanding Professor / Researcher (EB-1B)
EB1 Multinational Executive or Manager (EB-1C)
EB2 National Interest Waiver (NIW)
Form I-485 Adjustment of Status
PERM Labor Certification
Form I-140 Application after Labor Certification
Request For Evidence (RFE) for EB1, NIW, L1 Visa
Questions & Answers for Working Visa Application
J-1 Waiver of 2-Year Home Residence
H-1B Visa Application or Extension
O-1 Visa Application or Extension
L-1 Visa Application or Extension
P-1, P-2, P-3 Visa Application or Extension
William's Answers for Immigration Questions
Home Page








For All Your Immigration and Green Card Application Needs
                                                                 
EB-1A sample of reference letter graphic © Green Card Application Service, www.greencardapply.com