AC21 case - will AP use cancel my H1 transfer?

[MouliBanerjee]

I am going to India next month. I am joining new company after I return but plan to transfer my H1. Current H1 valid till 2009 and is 8th year H1.

My 485 is pending, I have EAD and AP.

New comapny said they will transfer my H1. I wanted to invoke AC21 but work in H1.

Question is after I use AP, then will new comapany will be able to transfer my H1?

Just to let you know that I have no time for H1 stamping in India.

 

[ginnu]

I am going to India next month. I am joining new company after I return but plan to transfer my H1. Current H1 valid till 2009 and is 8th year H1.

My 485 is pending, I have EAD and AP.

New comapny said they will transfer my H1. I wanted to invoke AC21 but work in H1.
-------------------------that is ok
Question is after I use AP, then will new comapany will be able to transfer my H1?
----------------may be problems.
Just to let you know that I have no time for H1 stamping in India.

Best option file H1 transfer through premium processing and you may get approval letter in 15-20 days after you file H1 transfer, then work with new employer get 1or 2 pay stubs then if you use AP you can be on H1 status. USCIS has many Memo issued in past for H1 and AP use. For more detailed info contact your lawyer and seek legal advise

 

[MouliBanerjee]

thanks ginnu

Thanks Ginnu

The issue is I am leaving around 26 July. I will ask attorney if they can file by Friday. May be that is best option.

You mentioned there "may" be problem if I use AP and then they transfer H1. Your "May" give me some hope.

In case H1 is not transfered I will join in EAD.

Ginnu do you have any article or link what is the advantage of maintaining of H1 status. What I am going to loose if I loose H1 and work in EAD.

 

[ginnu]

Thanks Ginnu

The issue is I am leaving around 26 July. I will ask attorney if they can file by Friday. May be that is best option.

You mentioned there "may" be problem if I use AP and then they transfer H1. Your "May" give me some hope.

In case H1 is not transfered I will join in EAD.

Ginnu do you have any article or link what is the advantage of maintaining of H1 status.

What I am going to loose if I loose H1 and work in EAD.
---------------------- if you work on EAD then you can bring your spouse on H4, if I-485 gets denied due to some problems you have back up of H1 status and can remain and work till H1 status

QUOTE]

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[MouliBanerjee]

thanks Ginnu

I beleive you mean if I am on EAD I cannot bring spouse on H4. He has EAD.

One last question, can H1 premium transfer be filed even if I am travelling.

If yes what is the issue if for some reason transfer is rejected. I still come on EAD right?

 

[ginnu]

I beleive you mean if I am on EAD I cannot bring spouse on H4. He has EAD.
--------------------if you are primary and use EAD you are not on H1 status once H1 holder used EAD H1 is invalidated and cant bring spoue on H4 status to bring spoue on H4 one need to be on H1 status.
EAD is for work EAD is NOT for entry to US
One last question, can H1 premium transfer be filed even if I am travelling.
----employer/lawyer can file, go to your lawyer and ask the more details/risk
If yes what is the issue if for some reason transfer is rejected. I still come on EAD right?
--------------------you dont enter US with EAD, EAD is for work not for entry to US ,to enter US you need valid Visa stamp or Advance parole. you dont understand what is H1 status and what is EAD and what is AP better go to your lawyer and seek legal advice according to your situation

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