California Personal Injury Lawyers
Q.I am working for my current employer under an H1-B visa. I am also in the process of obtaining a green card: I-485 was filed in CA in November of 2002. I am now planning to change job. And the new employer is not going to sponsor me for a new H1-B visa. I am thnking of applying for an EAD (Employment Authorization Document). My understanding is that: 1.) I qualify for an EAD as I-485 was filed already. 2.) Once I get the EAD, I can change employer and the new employer will not need to apply for a work visa, e.g. H1-B. 3.) Once I change employer, my current H1-B will not be valid anymore (it is tied to the employer which sponsored it). However, because of the I-485 and the EAD, I will be legal in the U.S. and able to work. (Q.1) Am I correct in (1.), (2.) and (3.)? Then I have a another question: (Q.2) my current employer's corporate lawyers are representing me in front of the INS. However, I want to file my EAD application *without* my current employer (or corporate lawyers) to know about it. Is this possible? Or do they need to get involved in the process in any way at all?
A.normally if you have filed for adjustment of status (form I-485) you can apply for a EAD and will receive it, whether by yourself or thru your lawyer. Of course, if you stop working for the H-1b sponser then the H-1b automatically lapses. Normaly you odnt need the H-1b anymore after you've filed for adjustment BUT only an EAD and ADVANCE PAROLE if you want ot leave the country. It can be prudent to continue in H-1b status just in case the Adjustemnt is denied and then you cannot be accused of having been out of status. In your case I'd need to know why youa re leaving your H-1b employer, who is sponsering youf or the Green card to be honest
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