Relocation while on EAD

Printable View

12-21-2015, 11:03 AM
vyruss

Relocation while on EAD

Folks,

I am planning on relocating to a different city within the US. MY PD is in May 2009 and I am currently on H1-B. The relocation is temporary and for about 6 months. Our firms' legal is pushing me to switch to EAD as they would have to file paper work for me to relocate on H1-B (prevailing wage etc). My H1-B and visa stamp are both valid through Mid-2018. The EAD is only valid through early 2017.

Want to know from senior members Q, SPEC et al, the implications of relocating on EAD versus waiting for them to file the paperwork for H1-B based relocation. Obviously there is the risk of me losing employment while on EAD and the firm revoking my I-140 but I am a little rusty on the implications of that as well. Then again with a PD of mid-2009, I have been sniffing a GC for about 3 years, albeit with a lot of disappointment.

Any input is much appreciated.
12-21-2015, 11:27 AM
incredible

Quote:

Originally Posted by vyruss

Folks,

I am planning on relocating to a different city within the US. MY PD is in May 2009 and I am currently on H1-B. The relocation is temporary and for about 6 months. Our firms' legal is pushing me to switch to EAD as they would have to file paper work for me to relocate on H1-B (prevailing wage etc). My H1-B and visa stamp are both valid through Mid-2018. The EAD is only valid through early 2017.

Want to know from senior members Q, SPEC et al, the implications of relocating on EAD versus waiting for them to file the paperwork for H1-B based relocation. Obviously there is the risk of me losing employment while on EAD and the firm revoking my I-140 but I am a little rusty on the implications of that as well. Then again with a PD of mid-2009, I have been sniffing a GC for about 3 years, albeit with a lot of disappointment.

Any input is much appreciated.

For what it is worth, although people say that it is better to be both on H1B and EAD (for rejection of I485 later etc.), If I-485 is to be rejected for any reason, there is a chance that H1-B would also have been rejected. That being said, I know people are comfortable continuing on H1-B. I am on EAD for the last 4+ years and moved across different cities within the same company without any issue. Also, if you have gotten EAD through filing of I-485 more than 180 days back, then you need not worry about employer revoking I-140, because you are already under AC-21.
If your company is filing H1-B it is ok, but I think nothing stops you to stay on EAD and move across different cities (which obviously you cannot do on H1-B, without filing new one).
12-21-2015, 12:17 PM
qesehmk

Vyruss

If you are covered by AC21 why bother? You are almost there. If I were you - I would go on EAD and make the best career decision (whatever that is).

Looks like your company needs you for 6 months to be somewhere. Just do it with the understanding of coming back to original location after 6 months and resuming your H1 use then (if you so wish to be on H1 - which I am not really sure anymore is a good idea once you are covered by AC21).

With AC21 you are as good as a GC holder. So do what's best for your life and career without worrying too much.

Quote:

Originally Posted by vyruss

Folks,

I am planning on relocating to a different city within the US. MY PD is in May 2009 and I am currently on H1-B. The relocation is temporary and for about 6 months. Our firms' legal is pushing me to switch to EAD as they would have to file paper work for me to relocate on H1-B (prevailing wage etc). My H1-B and visa stamp are both valid through Mid-2018. The EAD is only valid through early 2017.

Want to know from senior members Q, SPEC et al, the implications of relocating on EAD versus waiting for them to file the paperwork for H1-B based relocation. Obviously there is the risk of me losing employment while on EAD and the firm revoking my I-140 but I am a little rusty on the implications of that as well. Then again with a PD of mid-2009, I have been sniffing a GC for about 3 years, albeit with a lot of disappointment.

Any input is much appreciated.
12-21-2015, 02:03 PM
vyruss

Thanks for your responses Q and incredible. I am covered by AC21. The problem is my job is in a very niche category in a non-IT company/industry. Using the AC21 to find a job in a different firm with the same/similar job description is the only hiccup at this point if it comes down to it. The reason I am moving is because my spouse found a good job at the new location. She is on EAD and she has a contract for 6 months. So the relocation to a different location is not my firm's choice but mine. So obviously they do not want this burden of relocating me but are willing to work with me if it is on EAD. I guess the same/similar job that comes with AC21 is the only thing that bothers me at this point.