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I am currently working for hotel under H1-B visa. Can i apply or switch to EAD?

Beverly Hills, CA |
Attorney answers 4

Best Answer

To either apply or "switch" to an EAD you must qualify for filing for Form I-485 AOS, either through marriage to a USC who petitions you or else must have an I-140 petition by an employer approved . You seem to have neither.

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.


I would need more information to answer your question. You are work authorized with your H1B status. I believe you want to know if you can switch to an authorization that is not tied to a specific employer. If this is the case you should contact an immigration attorney to determine your options.

Andrea F Szew is an attorney with over 12 years experience in immigration law. Her response to your question is general in nature, as not all the facts are known to her. Please be aware that Ms. Szew highly recommends that you retain an attorney experienced in immigration law to review all the facts in your case. Ms. Szew's statement above does not create an attorney/client relationship. If you would like to discuss your case further with Ms. Szew please contact her office at either (310) 477-0047 or (702) 639-5129.


Under the H-1B, you can only work for the petitioner.

This message is intended as general information and does not create an attorney-client relationship. If you are interested to speak with me directly, please contact me at 604-671-7600.


It is always best to maintain status. Nothing in your post indicates you would be eligible for an EAD.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.