Should I keep H1B status or switch to EAD?

Question

On my H1B viasa, which expires in November 2013, I currently am in my 9th year. Now, my EAD/AP is valid until February 2014 according to my I485 application which is pending. My I480 application is approved but the I485 still has been pending for more than 6 months due to retrogression. My plan is to change my job.

1. Would and H1B or an EAD be best to have my new employer file?

2. If I use an EAD and my I485 gets denied, can I go back to using an H1B?

3. If I use an H1B for three years with my new employer and then my I485 gets denied will my H1B also be revoked?

4. What is the possibility that if I change jobs my I485 will get and RFE or what is the possibility it will get denied? My I140 job application has a similar job description as my new job.

Answer 1

Really you are worrying too much. If your employer chooses to sponsor you with an H1B even though you have an EAD (which you will tell them), then that would be the right thing to do and you will feel better about it. Most likely, your adjustment will probably get approved is the job is about the same and then you won't need it. Discuss with your new employers attorney to talk to you about risks involved.