I am now H1B + EAD (I-485 pending more than 7 months). If I change my employer, can I maintain H1B status with EAD? Do I need to file a new PERM case? I don’t want to apply for AC21 with EAD.


It is possible to extend H1B status with a new employer and have the EAD. They are not mutually exclusive. AC21 doesn’t mean using the EAD; a person could use AC21 for the green card, but work on H1B. The PERM refiling isn’t needed if AC21 applies. If there are concerns about AC21, a new PERM case could be filed as a backup plan. (08.Sep.2014)

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