AP - h1b transfer or new H1b

G

gc_luckyguy

Registered Users (C)
Hello guys,
I am in a complicated situation. Any info will be helpfull.

I was laid off in Sep2002. At the time of lay off I had an H1b and EAD card. I am in legal status since then as I have EAD and AP. H1b becomes invalid the day one is laid off.

I left the country for 3months and came back 20Jan on AP. I have H1B stamp till 1Feb2003 but I didnot use it as I am no longer employe with that company.

I plan to get married in March or April, and wish to include my wife in I-485.

My question is
1) Can I apply for H1b tranfer with the new company (Is it possible to transfer as I have no pay stub for last 4 months).
I have H1b visa stamp till 1Feb2003.

2) Instead of transfer, Can I apply for a new H1b with the new company.

I am in legal status all these days as I have EAD.

I plan to get married in March, and I want to bring her to US.

Please help.
 
1. Yes. But without paystub INS might not approve nor the new company agree to do H1 transfer

2. yes

You are in legal status, because your I485 is pending (and not because you have EAD- EAD is authorization for employment not proof of valid status)
 
new H1b while I-485 pending

Thank you Jaxen.

So one can apply for a new h1b while I-485 is pending. Is that correct?
If this is true, then great. I will apply for new h1b and bring my wife on h4 and include her in I-485.

If I apply for new H1b then do I need to have a new H1b stamp for my wife to apply for H4.

I can come to US on AP but does h4visa require me to have h1b stamp as it is new one. I know transfer does not need one but what about a new h1.

Correct me if I am wrong.

Thank you
 
"If I apply for new H1b then do I need to have a new H1b stamp for my wife to apply for H4.

I can come to US on AP but does h4visa require me to have h1b stamp as it is new one. I know transfer does not need one but what about a new h1"

New H1B approval will not be having new I-94 attached to it, you need to get H1B stamp in your passport and your wife will also have to get h4 visa stamped from US consulate in your home country, you can not revalidate NEW H1B visa from department in US.
 
Ginnu,

So does that mean that if you change your status from F-1 o H1B, then you get an approval without the I-94 card. Hence as soon as your F-1 status is gone (the day your H1B kicks in) you are out of status unless you go back to your country and get your passport stamped with H1B. Bottomline, if you dont have the visa of the status you are claiming then you are illegal. If that is true then this sucks. The whole system sucks. I guess the INS is trying to uplift the economy by making the foreigners spending more money in buying tickets to go home, buy some gifts as you are going home, pay taxi fare to airport and all......

Not very surprised by this move....nothing surprises me now.
 
Just wanted to add something...

one of my friends' wife got H4 even though my friend did not have any H1 stamp on his passport. He went back home as canadian resident got married in December 2002. his wife got the visa in January 2003. He got H1B approval and use to be a F-1.
 
Can one apply for new H1b while I-485 pending

Hello All,
Can one apply for a new H1B while I-485 is pending? Does a new H1B affect the I-485 process in any way?

Can my wife apply for H4 without me having an H1B stamp in the passport. Please note that I have an new I-94 card as I entered the country on Advance Parole.

So when my wife goes for h4, should she say that I am on I-485 and also on a new H1B.

Can I be in the US and send the papers to her.
or
Should I also go to the consulate along with her and get my passport stamped with the new H1B.

In that case when I enter the country I can use the new H1B or Advance Parole. Incase if I do not have a H1B stamp then I can come on Advance Parole.

Any suggestions are helpfull
 
No harm in applying H1. If the H1 is continuous from the previous H1, then you can shuttle back and forth with AP.
Depending on the country where H4 is applied, there might be a H1 requirement.
 
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