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EAD vs H1B

Sunnyvale, CA |

I am on H1B in US . I have recently changed by employer from A to B . I have EAD and AOS pending from employer A . Employer B has still not filed AC21 . I need to travel international but due to some reason i do not want to do that on H1B . Can i do it enter US in EAD from employer A and continue working for employer B ? In case i enter US on EAD , IS MY H1B STILL VALID ?

Attorney Answers 4

Posted

Unless the EAD specifically states that you are authorized to travel (not all do), the EAD isn't valid for travel.

Talk to Employer B's immigration lawyer.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Posted

I agree with my colleague. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com

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Posted

If you intend to join your H-1B employer, enter on H-1B. If you wish to port to a new employer upon your entry, you should leave the U.S. after approval of advance parole and enter on this document.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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Posted

1. Whether your H1b is valid or not is a factual question. Did you go to your employer B and while filling out I-9 used your EAD or did the Employer B file H1 b for you? If Employer B did not file H1 then the answer is pretty obvious: your H1b is not valid.
2. EAD does not enable you to travel. It allows you to work. Since you have AOS pending, you are eligible to file for travel document.

Your choices are:

1. File for travel document and wait for travel document application to be approved and then travel. If your circumstances are drastic, you can request emergency processing.
2. You can file H1b through new employer and then either wait for it to be approved here first and then travel or request notification of H1b visa to US consulate in home country and then get fresh visa from US consulate and return.

If you have AOS pending, I would suggest you should travel on travel document. I can't remember if traveling on H1b while AOS is pending is considered abandonment of such application or not. You must investigate that fact before taking any action.

Consult an immigration lawyer in person for sure.

You must contact a local attorney or obtain telephonic consultation from an attorney to discuss specifics of your situation and get full advise. The information given here is general in nature and does not establish attorney-client relationship.

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1 comment

Dwight David Myfelt

Dwight David Myfelt

Posted

Traveling on an H-1B while AOS is pending is not a problem. But you have to have a valid H-1B with Employer B to do that. If you are working on the EAD now, I would get the travel documents and use them.

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