AC-21, I-485 Rejection, can H1b be used??

S

spam70

Registered Users (C)
Hi,

I have a H1b that is valid till mid 2006 (I-129, visa stamping has expired though). I used Advance Parole (AP) to enter US in Aug 2005. I work for a very large wireless telecom co. and have an offer from another similar co. The job is similar but not exactly same. My I-140 is approved in March 2005, and 485 is pending since March 2004 (more than a year).

So, am I right to say that my H1B is no longer valid as I have used AP, and my only option to switch jobs is based on AC-21? Or Can I switch based on H1b as well?

If the above is true, in the worst case if my 485 is rejected can I get me H1b back?

Both of my employers are very friendly, at least based on the previous experience. The current employer will not revoke I-140 and the new employer would be ready to transfer me based on H1B.

In such case what is the best way from me to move forward..

Your advise is highly appreciated..

Thanks..
 
spam70 said:
Hi,


So, am I right to say that my H1B is no longer valid as I have used AP, and my only option to switch jobs is based on AC-21? Or Can I switch based on H1b as well?
Click to expand...
You are under wrong assumption. using AP doesn't invalidate your H1-B unless you used your EAD?? If you haven't used EAD, you are still on H1-B status. you should join new employer on h1-b transfer.
 
dyingforgc,

Thanks for the info. What did you mean by "using EAD?" I haven't switched jobs based on EAD. I recently sponserved visitor visas for parents and in-laws in which I stated my current status as "AOS pending." What are the other ways that one can "use" EAD ?

I am thinking, since my I-94 is stamped as paroled, my leagal status isn't H1b? I hope I am wrong..

Do you think I can get a new visa stamping (I-129 is valid but passport stamping is expired) when I go out of the country and get back using H1b?

Thanks
 
spam70 said:
dyingforgc,

Thanks for the info. What did you mean by "using EAD?" I haven't switched jobs based on EAD. I recently sponserved visitor visas for parents and in-laws in which I stated my current status as "AOS pending." What are the other ways that one can "use" EAD ?

I am thinking, since my I-94 is stamped as paroled, my leagal status isn't H1b? I hope I am wrong..

Do you think I can get a new visa stamping (I-129 is valid but passport stamping is expired) when I go out of the country and get back using H1b?

Thanks
Click to expand...
Only if you filled up I-9 after receiving EAD to change status from H1 to EAD. If not, you are still on h1-b status. Of course they will stamp I-94 as paroled since you showed them parole at POE. That's the drawback of using AP instead of h1-b that one gets new I-94 until parole expiry date but that's not an issue. I am repeating that using parole doesn't invalidate your H1-B status.

Mentioning AOS pending in sponsor letter shouldn't matter but you should remain on h1-b until AOS is completed, that's advisable. if you are on EAD and your 485 is denied you will be out-of-status immediately on the other hand if you were on h1-b you were safe.
 
dyingforgc..

thanks for the supersonic response..

So, you suggest that I ask my new employer to file for H1B transfer? I hope I can send AC21 as well to be sure..
 
spam70 said:
dyingforgc..

thanks for the supersonic response..

So, you suggest that I ask my new employer to file for H1B transfer? I hope I can send AC21 as well to be sure..
Click to expand...
yes. Invoke AC21 with h1-b transfer to new employer.
 
You must log in or register to reply here.
Top