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Can I work for my new employer with and EAD? Or do I still need to get an HIB transfer before I work for them?

Morristown, NJ |

I am working under an H1 B visa that is going to expire Sept 2012. My current employer already filed for an extension, LCA aproved, NOA recieved, but still awaiting approval.
I am also planning to work for another employer, who has filed me for EB-2. My I-140 has been approved. I got my EAD/AP. Still pending I-485.

Attorney Answers 3


  1. If you have been issued an EAD, it is to work with the employer who sponsored you for your EB-2 green card application. You can work for that employer while awaiting the approval of your permanent residence - that is why USCIS issued you an EAD. You don't need to have that employer to file a new H-1B petition on your behalf. (Note that an H-1B is employer-specific and there is no such thing as an H-1B.
    "transfer"!)

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. I agree with my colleague.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  3. You can work for new employer with an EAD or with an H-1B. The latter is safer. If your I-485 is denied for any reason, you will still be in legal status.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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