New Employment - EAD, AP, H-1B Questions.

[cosmo_kramer]

Hello,

My current Status is
*I-140 - Approved from "Employer A"
*EAD - Received for 3 years along with my wife, from "Employer A"
*H-1B - Received for 3 years, from "Employer A"
**Wife has seperate h-1b with another company

Questions
1. There is a new job for me, where the new employer B is ready to transfer my H-1B and equally I plan to continue by EAD - Is this OK ? Any issues from your experience or knowledge ?

2. My understanding is that I'd quit Employer A, but preferrably continue with the same immigration firm for EAD and AP while I take up my new job - Any issues or can you suggest from your experience or knowledge ?

3. On docs, I've all above mentioned in originals, "except" I-140, which I understand would be with the employer ( in my case Employer A ) - Anything else I should have or good to have ?

Thanks much !
Arun.

[cosmo_kramer]

Hi...

Any pointers/thoughts guys...am in time-crunch here.

Thanks !

[nervewreck]

Originally Posted by cosmo_kramer

Hello,

My current Status is
*I-140 - Approved from "Employer A"
*EAD - Received for 3 years along with my wife, from "Employer A"
*H-1B - Received for 3 years, from "Employer A"
**Wife has seperate h-1b with another company

Questions
1. There is a new job for me, where the new employer B is ready to transfer my H-1B and equally I plan to continue by EAD - Is this OK ? Any issues from your experience or knowledge ?

on H1B, its ok for you to leave your current employer and move on to Employer B. For you to use EAD, you need to fall under AC21 portability, meaning it has to be over 6 months that your 485 has been pending.

2. My understanding is that I'd quit Employer A, but preferrably continue with the same immigration firm for EAD and AP while I take up my new job - Any issues or can you suggest from your experience or knowledge ?

Using the same Immigration firm is completely your choice. You could stay with them, you could file for EAD/AP renewals by yourself, or you could chose a different attorney and save few bucks. Once the old employer tieup is lost, attorneys are known to charge up the kazoo...

3. On docs, I've all above mentioned in originals, "except" I-140, which I understand would be with the employer ( in my case Employer A ) - Anything else I should have or good to have ?

485 receipt, 140 approval, All H1B extensions/approvals, previous EAD cards, AP approvals etc....basically, the more you keep handy, the better. With USCIS...its like the lottery commercial..."you never know"

Thanks much !
Arun.

Are you sure your EAD is for 3 years ? I thought its only for one or two at the most.

[cosmo_kramer]

Very much so, its for 3 years, under some new law for approved I-140's.

[Rxindy]

With I-140 approved and 485 approved EAds renewals - 2 years. AP - 1 year

[cosmo_kramer]

My new employer has agreed to transfer my H-1B
( which I've for about 2.5 years - I crossed my 6th year long back, this I have gotten for this time, due to EAD etc. ) and port EAD as well.

My friends are now suggesting that this might be an issue, as over time the H-1B will expire ( which is true ) but then there will be questions on the new owner of H-1B ( new employer ) and the eventual EAD owner ( which is also the new employer. I'm not clear either.

But my question is : Is there any issue at all in transfer H-1B also, in addition to EAD/AC-21 port or is this in reality a good sign that the new employer transfers/owns both ?

Thanks much !

[TheRealCanadian]

Originally Posted by cosmo_kramer

the eventual EAD owner ( which is also the new employer. I'm not clear either.

There is only ever one "owner" of the EAD - and that is you. EADs are all self-sponsored and self-petitioned, and NEVER employer-linked.

[cosmo_kramer]

I understand that. What I meant was that with my current scenario of the transfer of H-1B and AC-21, am I inviting any trouble ? I do know that we don't know what Immigration department will ask, but any reflection on what you know would be of great help.

Thanks.