Changing Jobs with valid EAD and expired H1-B

[mail_kkd]

Hi,
I have used my Advance Parole(AP) in the month of March 2008 and have also used my EAD for employment as my H1-B expired in the month of June 2008. I am planning to change employers using the AC21 portability.My I-140 is approved, I-485 is pending more than 180 days, and my new employer is willing to hire me on the same position/title as my sponsoring employer. Though I have a valid EAD, my new employer is also planning to file for H1-B before hiring me.

My Questions:

1) As my H1-B is already expired and as I have used AP to travel into the US, would I be eligible for a new/extension of H1-B?
2) If H1-B with the new employer is approved, do I have to go for H1-B Visa stamping or can I still use Advance Parole for travel?
3) Would the filing of the H1-B by the new employer, create any problems to my current I-485 process?

Please help. Thanks!

 

[ginnu]

Hi,
I have used my Advance Parole(AP) in the month of March 2008 and have also used my EAD for employment as my H1-B expired in the month of June 2008.
------------------You are not on H1 status as you used EAD.
I am planning to change employers using the AC21 portability.My I-140 is approved, I-485 is pending more than 180 days, and my new employer is willing to hire me on the same position/title as my sponsoring employer.

Though I have a valid EAD, my new employer is also planning to file for H1-B before hiring me.
--------------------------------let the employer file H1 but USCIS may not attach I-94 with H1 approval notice. to be on H1 status you need to go out get H1 visa stamp and enter on H1 status and get I-94 based on H1
My Questions:

1) As my H1-B is already expired and as I have used AP to travel into the US, would I be eligible for a new/extension of H1-B?
----------------read above
2) If H1-B with the new employer is approved, do I have to go for H1-B Visa stamping or can I still use Advance Parole for travel?
------------------- you have to go for H1 stamping if you want to be on H1 status. you can use AP
3) Would the filing of the H1-B by the new employer, create any problems to my current I-485 process?
------------------------No problems for I-485. for work you need valid EAD Or H1 status.
Please help. Thanks!

---Keep valid AP with you. for more info talk to new employer lawyer