Can you apply for H1-B transfer when you have EAD

[Geeee]

I have filed my I-485 last year and waiting for the priority date to become current. I have a EAD card as I have filled for I-485. I married recently and my wife is on F-1 I want to change jobs and want her to be on H4. My new company has agreed to sponsor me for H1, can I apply for H1 transfer while I have a EAD?

Thanks in advance

Gee

 

[gc_retrogress]

If you have never used EAD, meaning always maintained H1 status then you can extend and renew H1 based on the fact that your case is retrogressed. This was discussed in this same forum earlier.

That means you can transfer H1 also, but make sure that you are able to invoke AC21, meaning had been on I-485 for more than 6 months. Anyway AC21 has its own complications I guess. If AC21 is honored by INS, then you can very well be on the course of getting GC. If it is not honored and your old company revokes your I-140 then you are screwed.

Somebody correct me if I am wrong.

I have filed my I-485 last year and waiting for the priority date to become current. I have a EAD card as I have filled for I-485. I married recently and my wife is on F-1 I want to change jobs and want her to be on H4. My new company has agreed to sponsor me for H1, can I apply for H1 transfer while I have a EAD?

Thanks in advance

Gee

 

[bigbang2001]

gc_retrogress : You are mostly right. A minor correction which I am basing on some information I came acros on these boards.
You can always extend H1-b provided you apply for extension amendment before expiry of I-94. I believe this means even if EAD is used, H1b can be extended.

Again I am like many others on this board and not an attorney and it would be interesting to know if above is a fact or fudged up information.

If you have never used EAD, meaning always maintained H1 status then you can extend and renew H1 based on the fact that your case is retrogressed. This was discussed in this same forum earlier.

That means you can transfer H1 also, but make sure that you are able to invoke AC21, meaning had been on I-485 for more than 6 months. Anyway AC21 has its own complications I guess. If AC21 is honored by INS, then you can very well be on the course of getting GC. If it is not honored and your old company revokes your I-140 then you are screwed.

Somebody correct me if I am wrong.

 

[baby_mde]

If you have never used EAD, meaning always maintained H1 status then you can extend and renew H1 based on the fact that your case is retrogressed. This was discussed in this same forum earlier.

That means you can transfer H1 also, but make sure that you are able to invoke AC21, meaning had been on I-485 for more than 6 months. Anyway AC21 has its own complications I guess. If AC21 is honored by INS, then you can very well be on the course of getting GC. If it is not honored and your old company revokes your I-140 then you are screwed.

Somebody correct me if I am wrong.

gc_retrogress,

When INS did not honore AC21 and old company revoked 140 how someone is in trouble? Is this is case even when AC21 is invoked after 140 approved and 485 pending more than 180 days.

 

[nj_skm]

You'll be screwed as you'll lose your original PD.

 

[gc_retrogress]

I am Not a guru on AC21, but one thing I know is that some people have received rejections at I-485 stage by using AC21. The reasons could be many, the remedies could be many if not none. Nevertheless I was just pointing out the risk involved in AC21.

Comming back to I-140 scenario, if your old company revokes your old I-140 and if you have already ported the PD from that old I-140 or going to port the PD from that I-140. INS will find out the status of that old I-140 at the stage of I-485. They can reject your I-485 and I-140 at that time if they find out that the original I-140 has been revoked which means that old I-140 is as good as non-existing case.

You loose the PD and the whole GC!

gc_retrogress,

When INS did not honore AC21 and old company revoked 140 how someone is in trouble? Is this is case even when AC21 is invoked after 140 approved and 485 pending more than 180 days.