can i go back to H1 status from EAD?

T

tihomg

Registered Users (C)
Please advise... I was layed off after 180 days of EB I485 application, and then hired by new company on EAD. New company applied for new H1, which hasnt been approved yet. Meanwhile I also worked part time for another job on EAD. My new H1B from the primary job is about to get approved. Can I switch back to H1B status with my primary job. I have no intentions of continuing with part time job. I want to switch to H1B because I am planning on getting married soon, and H1B will enable me to get my spouse here on H4. Advise will be greatly appreciated.

Best Regards

tihomg
 
You can give that a try, but the problem free back- to- h1 has been possible in cases where h1 was valid always. So the US consulate where you will be trying for H1 (and H4) might ask for salary evidence from company A. it is a risk, but as you said you dont have any other choice in this matter.
 
GC interview?

Thanks for the response Jaxen, I have pay slips from co. A I was layed off from and new company with a break of under 15 days. I was unemployed for that period. So proving valid employment status should not be a problem. And since new company applied for new H1B, my H1B status should still be re-instatable. I am not sure if I have a reason to worry about stamping of my H1B at the consulate. I am more concerned about the GC interview if I have one, they could question the validity of my H1 and my wife's H4 because I had switched to EAD. Is it allowed to switch back from EAD to H1 at all? Please advise....

Thanks
 
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