I am on H1B and have a pending I-485. I plan on moving to a new employer using AC21, and will work using my EAD, instead of H1B. Do I have to exit and reenter the country using advance parole prior to beginning at my new employer, so that I am not considered out of status?

Answer

Travel would typically not be necessary. As soon as one leaves the H1B employer (without the filing of another H1B petition by the new employer), one is no longer in H1B status. But, based on the pending I-485, one generally would automatically fall into a period of authorized stay. (14.Aug.2017)

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