[chussad]

Hello Peter, Thanks for being generous with your time!!

I have EAD/AP because of approved EB1A. My AOS interview got cancelled because of USCIS shutdown. I recently traveled outside of US and because of my H1B stamp expiration, I used AP to enter (current status on i94 is "DA").

I am changing jobs now. The new employer's immigration lawyer recommends to file H1B and I should be joining when we receive the H1B receipt. They prefer that as that keeps my non-immigrant status intact in case there are any issues with Adjustment of status (AOS).

My question to you are:

A) What will you recommend, whether to use EAD or H1B to join the new company?

B) Does filing H1B after EAD approval have any negative impact on my AOS interview or on EAD/AP Renewal?

C) My spouse has EAD because of my EB1A and is utilizing it for her work. Will my H1B have any impact on her work visa eligibility?

D) When do you think USCIS will start doing in person interviews? Do you anticipate some interview waivers ?

Thanks for your help :)

[advisedwang]

If the job is substantially similar, you may be able to use supplement J portability.

[chussad]

This is a self filed petition and I believe that i485 j is not required to be filed.

[proberts]

That's correct, if this is a self-petition, then Form I-485J is not required. Is your self petition an EB1A or NIW? My response to your questions depends in part on your answer to this question.