AC21, EAD to H1 Status

G

gcwait19

New Member
Company A filed my green card through perm, I140 approved and I485 applied 2 years ago. I have changed from company A to company B in september,2007 on EAD. I was working with company A on H1. I had my H1 petition with company A valid until Nov,2007(I94 expired in Nov,2007). Company A might have withdrawn my H1 as per company policy. I have my six years H1 limit until April, 2009. I have filed AC21 with company B for AOS portability. Now I want to change my status from EAD to H1 as backup in company B.

1.Can my current company B apply for fresh H1 extension(I guess no need of new H1 quota) and get change the status approval from EAD to H1(with new I94) in USA from USCIS without going to out of country for H1 stamping.

2. Will it impact anything to my green card approval or geopordize my green card approval with changing the status from EAD to H1?

3.Can I get an 3 years extension to my H1 with company B based on company A of my I140 approval?

Any inputs are highly appreciated.
 
gcwait19 said:
Company A filed my green card through perm, I140 approved and I485 applied 2 years ago.
I have changed from company A to company B in september,2007 on EAD.
I was working with company A on H1. I had my H1 petition with company A valid until Nov,2007(I94 expired in Nov,2007).
Company A might have withdrawn my H1 as per company policy.
I have my six years H1 limit until April, 2009.


I have filed AC21 with company B for AOS portability.
-------------------------that is OK


Any inputs are highly appreciated.
Click to expand...
--------- You have posted that your H1 with company A was till Nov 2007 and I-94 got expired in November 2004, you also say you have H1 limit till April 2009? what do you mean by writing you have H1 till april 2009? do you have H1 petition extension filed till 2009? do you have I-94 till 2009? if you dont have valid I-94 or H1 petition approved till April 2009 then it is not possible to be on H1 after use of EAD. if you have H1 petition approved till april 2009 then go out get H1 stamp and enter on H1 status.
Explain the full details
 
Ginnu,

Thanks.

More details:

do you have H1 petition extension filed till 2009? Answer: No

My H1 petition with company A got expired in Nov,2007(I94 also with same the dates). However my H1 6 year limit will be until Apr,2009(As I started working with H1 from Apr,2003).
I joined company B in Sept, 2007 on EAD. My previous questions still valid.

I hope this helps. Please let me know if this is not clear.
 
gcwait19 said:
Ginnu,

Thanks.

More details:

do you have H1 petition extension filed till 2009? Answer: No

My H1 petition with company A got expired in Nov,2007(I94 also with same the dates). However my H1 6 year limit will be until Apr,2009(As I started working with H1 from Apr,2003).
I joined company B in Sept, 2007 on EAD. My previous questions still valid.

I hope this helps. Please let me know if this is not clear.
Click to expand...

--- you will not get H1 extension as you are not on H1 status
 
AC 21 not files

Is that ok if i don't file AC21 and trnasfered my H1B to new employer after I140 is approved
 
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