H1, H4, EAD and change of employment

[ajaktha]

Hi,

I have read various threads on H1 expiring and EAD status, but I wanted some specific information.

I am on H1B currently expiring in 4 months and I am completing 6 years with no GC application started.
My wife is on H1B as well and her I-485 is pending (retrogressed). Both of us have an EAD+AP from her application.
My plan was to continue my employment using the EAD and continue my stay going into AoS status.

Now I am looking at a change of employment in two months and wanted to make a trip to India before that.

1. So, Can I quit my current employment, where upon I will be on AoS status, go to India, return on AP and start employment with new employer on EAD for work (and stay).

2. If I apply for H4 through consulate in India and enter on H4, but take employment through EAD, then does that end my H4 status for stay? In that case, is the H4 useless anyways?

3. If for some reason, my wife's AoS is rejected, I will have to quit employment, leave the country and a) can return on H4 to extend my stay b) and if its more than a year later, then apply for a H1 and return on H1 to work and stay?

Any info is much appreciated.
Thanks
KS

[nicoeppersma]

Hi,

I have read various threads on H1 expiring and EAD status, but I wanted some specific information.

I am on H1B currently expiring in 4 months and I am completing 6 years with no GC application started.
My wife is on H1B as well and her I-485 is pending (retrogressed). Both of us have an EAD+AP from her application.
My plan was to continue my employment using the EAD and continue my stay going into AoS status.

Now I am looking at a change of employment in two months and wanted to make a trip to India before that.

1. So, Can I quit my current employment, where upon I will be on AoS status, go to India, return on AP and start employment with new employer on EAD for work (and stay).

2. If I apply for H4 through consulate in India and enter on H4, but take employment through EAD, then does that end my H4 status for stay? In that case, is the H4 useless anyways?

3. If for some reason, my wife's AoS is rejected, I will have to quit employment, leave the country and a) can return on H4 to extend my stay b) and if its more than a year later, then apply for a H1 and return on H1 to work and stay?

1: Yes, since you are a dependent with an EAD, you can work.

2: I don't think your H-4 status will end, but you should check that with an immigration attorney.

3a and b: yes. However, I'm not sure whether or not you would be cap-exempt.

[ajaktha]

Thanks

Thanks for the replies, nicoeppersma!