- I'm currently on my 5th year on H-1B with Company A which expires on 09/30/2011.
- I-485 has been pending > 180 days with valid AP & EAD.
- Company A is looking to lay me off soon due to cutbacks but promised not to revoke my I-140 petition.
- I intend to apply for a new full time job with Company B using EAD and hope to persuade Company B to invoke AC21 to port my H-1B over eventually.
However, I am unsure about this consequences and have the following questions for your gurus on this forum:
1. Will accepting employment using EAD invalidate my H-1B visa?
2. If not, is it possible to get a new job using EAD then invoke AC21 to port my H-1B over before it expires?
3. Can I still invoke AC21 to port my H-1B to Company B if original H-1B is expired?
3. Can I work on EAD work full time with an expired H-1B visa while my I-1485 is pending?
3. If I work full time for Company B on EAD and my original H-1B visa is expired and my I-486 is adjudicated, will a letter of employment from the Company B stating intent to continue to offer me future employment for different position but with similar job task/responsibility to original LCA be sufficient?
Any insight into this will be very much appreciated!
- I-485 has been pending > 180 days with valid AP & EAD.
- Company A is looking to lay me off soon due to cutbacks but promised not to revoke my I-140 petition.
- I intend to apply for a new full time job with Company B using EAD and hope to persuade Company B to invoke AC21 to port my H-1B over eventually.
However, I am unsure about this consequences and have the following questions for your gurus on this forum:
1. Will accepting employment using EAD invalidate my H-1B visa?
2. If not, is it possible to get a new job using EAD then invoke AC21 to port my H-1B over before it expires?
3. Can I still invoke AC21 to port my H-1B to Company B if original H-1B is expired?
3. Can I work on EAD work full time with an expired H-1B visa while my I-1485 is pending?
3. If I work full time for Company B on EAD and my original H-1B visa is expired and my I-486 is adjudicated, will a letter of employment from the Company B stating intent to continue to offer me future employment for different position but with similar job task/responsibility to original LCA be sufficient?
Any insight into this will be very much appreciated!
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