Can we do H-1 B transfer while on EAD?

B

BigBuddy

Registered Users (C)
Hi Guru's,


My H1B is still alive and kickin....I do have my EAD as well. got in Nov'03. My H1B is valid till end of 2004.

1)Is it possible for me to apply for H1B transfer(to another company which is not sponsor my GC) now itself --and get it stamped from outside the country (or St. louis) after the H1 transfer gets approved?

2) Is it going to affect in any anyway my 485 processing if i file for H1-B transfer just as a back-up weapon?

Thanks from this Buddy in advance
 
My H1B is still alive and kickin....I do have my EAD as well. got in Nov'03. My H1B is valid till end of 2004.

1) Is it possible for me to apply for H1B transfer (to another company, which is not sponsoring my GC) now itself --and get it stamped from outside the country (or St. louis) after the H1 transfer gets approved?
----- If you have not used EAD then you can file H1 transfer or H1 extension ( H1 transfer approval may take 5-7 months if filed regular and if filed with premium processing then you may get the transfer approval in 20-25 days) one can revalidate the Visa stamp from DOS in US if the earlier Visa stamp has not expired more than 1 year
2) Is it going to affect in any anyway my 485 processing if I file for H1-B transfer just as a back-up weapon?

---- H1 transfer has no affect on I-485 both are different petitions

*** File transfer or join new employer only if I-140 is approved AND I-485 pending more than 180 days so that you can use AC21. If I-140 is not approved stick to the employer who filed I-140 till I-140 gets approved and I-485 pending more than 180 days. It has nothing to do with H1 transfer but if you file H1 transfer and I-140 is still pending your sponsor may revoke the pending I-140 and in that scenario you have to start the GC process from beginning
 
Hi Ginnu,

Thanks very much.
my 140 is approved, 485 filed and more than 6 months over.
Also used EAD in one case ..

In such a scenario is it advisable to file an H-1 transfer to a new employer?

In case i leave my employer using AC-21, can i work with another/new employer on H-1?
 
Also used EAD in one case
------ if you have used EAD( H1 holder) then no H1 transfer needed as you used EAD and not on H1 status, you can join new employer with EAD and can use AC21. apply for EAD renewal always 6 months advance and keep valid AP with you for emergency travel.
 
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