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Posted on 14 May 2010
Q.

Can I stay in status with expired H1B and working EAD fulltime?

On 5th year of H1B, I-485 pending > 180 days & valid EAD. I don't intend to renew H1B as I intend to find a new job using EAD. Can I work fulltime on EAD with an expired H1B? AC21 not an option bc new firm thinks it's a hassle. If I work full time for new firm on valid EAD with expired H-1B and my I-486 is adjudicated, will an EVL from new firm confirming employment and similar job description to original LC suffice?
My lawyer's contract says he will revoke I-140 if I quit or get laid off from sponsor firm. Is it true that revoking I-140 won't affect me since I-485 pending > 180 days? I already sent letter to revoke G28. If an RFE is issued, will an EVL from new firm suffice given that I'm working on EAD?

User's Location: Rosemead, California, United States of America
Category: Employment-based Green Card
Posted on 14 May 2010
A.
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David Rubman
Immigration Lawyer
Rubman & Compernolle
(312) 341-1907

www.rubmanlaw.com

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