7th yr H1-B extension based on ex-employer I-485

G

gsingh72

Registered Users (C)
I filed my I-485,AP, EAD at VSC in July and after 1 month of filing I was laid off by my company A. My I-140 is already approved (non-concurrent filing) and my employer A is not revoking it.
Now I have joined another company B(did H1 transfer)
My 6yrs on H1-B visa are expiring in mid-Jan of 2004.

1) If employer B file for my 7th yr H1 extension with receipt notice of I-485 of employer A , will that create any problem in my pending I-485 application.? Since VSC can come to know when was I-485 filed and know that I changed employers in less than 180 days . Can it harm my GC process (NOID etc)?

2) If I file then when shud I file for 7th yr ?

3) I haven't yet received EAD . What is more advisable -using EAD or get 7th yr extension ?

pls advise me.....need help.
thanks.
 
I filed my I-485,AP, EAD at VSC in July and after 1 month of filing I was laid off by my company A. My I-140 is already approved (non-concurrent filing) and my employer A is not revoking it.
------ Good
Now I have joined another company B(did H1 transfer)
----- No problem, count the 180 days from I-485 filing receipt you can use AC21( make sure past employer should NOT revoke I-140 for 180 days from the date you filed I-485)
My 6yrs on H1-B visa are expiring in mid-Jan of 2004.

1) If employer B file for my 7th yr H1 extension with receipt notice of I-485 of employer A , will that create any problem in my pending I-485 application.?
------ NO, H1b has nothing to do with I-485 both are different petitions
Since VSC can come to know when was I-485 filed and know that I changed employers in less than 180 days. Can it harm my GC process (NOID etc)?
----- NO problem, BCIS does not need that you should work with the employer for 180 days who filed I-140, try to join new employer in Same/similar job better if the job title is same as on LC approved for past employer
2) If I file then when shud I file for 7th yr ?

---- H1 extension can be filed 6 months advance before current H1 expiry date or before the expiry of your current H1b approval notice
3) I haven't yet received EAD . What is more advisable -using EAD or get 7th yr extension?
------ You wrote that you joined company Band did H1 transfer, if the transfer is filed you can work with B after H1 transfer has been filed. It is much better to be on H1 status 7th year or 8th year. If you don’t have the other option then only use EAD, once EAD used then no H1 status and you need AP to re-enter US in the future. All depends on personal circumstances to use EAD or to be on H1 status. If I am in your situation I will try to maintain H1 status
 
to ginnu

I have received an RFE on EAD and I guess it will go to my employer A .
(a) Can I reply to this RFE on my own, in case if employer A doesn't help ? Is there any format for the letter available.?
If I reply then can BCIS come to know that now I am with employer B and will it affect I-485 application ?

(b) Do I also get a copy of RFE from BCIS or not?


pls let me know...
thanks
 
I have received an RFE on EAD and I guess it will go to my employer A .
---- If lawyer of company A filed EAD then he will get RFE letter, if you filed for EAD you will get RFE letter
(a) Can I reply to this RFE on my own, in case if employer A doesn't help ? Is there any format for the letter available.?
----- It all depends on RFE, what document they need, if the lawyer is ready to give you the RFE letter and envelope you can read what they need and can reply, contact the company A lawyer
If I reply then can BCIS come to know that now I am with employer B and will it affect I-485 application?
--- NO
(b) Do I also get a copy of RFE from BCIS or not?
--Read answer to (a)
** What is the RFE? what info BCIS need?
 
RFE is -
Please submit a photocopy of the personal data pages of your passport,which include your photograph and biographic information.
You may also provide any other documentation such as copy of your driver's license,or any other photo identification.

Is B&W photocopies ok or do I need color photocopies?
 
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