AP - marriage - 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.
 
answer to q.1

Answer to 1. You 'll have to apply for a new h1-b as you have entered the country with an AP.
 
Since you do not have H1B status you cannot bring your would be wife on H4. You have to get married before your I-485 is approved and bring her on follow to join through CP. In the meanwhile you have to find a job to keep your I-485 going by using AC21 act.

Brows through the FAQs on the relavent topics in this web site or on www.murthy.com for more information on this.

Hope this helps.
 
Last edited by a moderator:
more info needed to sustantiate your claim.

Please read the thread information above.

Are you dam sure of what you are saying? Can you provide me a link which helps me substantiate the information you are talking about.

I talked to my lawyer and she said I can file for new h1. Even on this thread, people said the same. From where did you get your information?
Are you just imagining?
 
Hi,

As far as I know once you use your AP you lose your H1B status. You need to use your EAD in the absence of your H1B.

But in your case you lost your H1B status since you were laid off. Since your lay off and use of AP I believe you have not worked. In this scenario also you cannot work on H1B even if you had one, because you have entered the country as a parolee with AP. This is my understanding.

Your situation according what I understand is that :-

1. You lost your H1b status since you were laid off
2. You have travelled out of US and re-entered with AP
3. After your lay off you have not worked anywhere.
4. You want to marry in March and get your wife on H4 if possible

Now you want to either transfer your H1B or apply for a new H1B.

Again there are two issues here

a) Since you are laid off you do not know if your ex employer has cancelled your H1B or not. If he has not then there is a scope for transfer, if they did cancel it then there is no scope for transfer at all as you cannot tranfer what you do not have. I believe that once you are laid off your H1b gets automatically cancelled. This is evidence by not getting the pay stubs after lay off.

b) To apply for a new H1B, I am not sure if you can do that because you are a parolee now. You can ofcourse find a new job, use your EAD and resort to AC21 Act for portability. Legal advise is a must on this issue.

Now about your marriage, I reiterate that you should register your marriage and file a follow to join petition before your I-485 is adjudicated, failing which it will be an agonizing wait to bring her in. Alternatively, if your would be wife qualifies for H1B petition, she can file for one and come here on her own and apply for AOS as derivative under you provided your GC is not approved in the meanwhile.

You know what, this is only a discussion and best thing would be to consult an experianced attorney to salvage your situation.

I am not an attorney nor it is a legal advise. I only tried to analyse your situation with limited knowledge that I have. I don't think I am imagining things like you claim.

Would appreciate if you post any developments.

Good Luck ! Hope you will come out of the situation very soon.

Regards,
 
New H1B - few if's and but's

sachdev

Thank you very much for the detailed information you provided.
I really appreciate your response.
I talked to my lawyer and he said that this is a very unique case.
He said it should not be a problem to apply for new H1b, however he says that there are some if's and but's. He will disuss this issue with his colleagues and then get back to me next week.

He also mentioned that I might need to be out of he country when a new H1b is filed.

I will you keep you posted. Thank you once again.

In www.immihelp.com, I did find some info is this regard. It is possibe to work on EAD and then apply for new H1B. This was mentioned in regard to saving time on the 6 year H1b.
 
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