H1B EAD beyond six years

USA H1B Visa
1

I am in US since Dec 2010. I have H1 visa valid till Dec 2016. My current employer is ready to start my EAD processing. I have also got offer from another employer(better salary) and this new employer is also ready to file EAD for me.

My question - is it better to file EAD through my current employer or join new employer and then start EAD processing through him? Because as my visa will expire in Dec 2016, to get one year extension after my sixth year, my employer has to start processing before 365 days to expiry. Right? And if I join new employer now, that process will be delayed at least by couple of months.

As PERM may take 8-9 months, is it advantageous to start processing EAD through my current employer, to save time?

As per my knowledge, if an employer files PERM 365 days before then my visa can be extended beyond six years.

Please provide suggestions

2

  1. You may extend your H1B status annually in one-year increments if your Perm petition or I-140 petition was filed at least 365 days prior to the day when you reach the six-year limit.

  2. You may extend your H1B status for 3 years if you are the beneficiary of an approved I-140 petition but your priority date is not current, (immigrant visa number is not available to you).

So in your case seems like you have enough time to atleast file perm in either scenario for #1. I’d check with both the company lawyers too.

3

Thank you sticksoldier for all the details !