Can I transfer to H1 from EAD?

[rajeevgupta]

I filed my I-485 in December 2001 and I have lost all hopes of getting my green card. My H1 expired in 2003. I have been in US for over 8 years now; first 6 on H1 and then on "I-485 Pending".

I have done my MBA in meantime and would like to change my field of work. Since my job profile will be changing, A1 portability is out of question.

Can I join join a different company on a new H1? And then ask the new company to file a GC from scratch! Or, is it compulsary to reside out of US for one year to be eligible for H1 again?

Thanks,
Rajeev

 

[GotPR?]

Since you spent 6 years w/ H1 already and have not been out of the US for more than a year, unfortunately you can not file new H1 petition.
You stay out of the US for a year, and then you can apply for new H1.

I guess you are stuck in name check. If so, even though you filed new I485, you'll get stuck again and you have to go through the same mess one more time. If I were you, i'll wait til decision on I485 is made.
Or another course of action is taking this to court. Waiting for I485 for 4 years is way too long.