changing status from EAD to H1 while invoking AC21

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needgchelp

Registered Users (C)
I wanted to know how can I move to H1 status back from EAD. Currently I am using EAD and if I invoke AC21 to join another company B (this company B already has my valid H1-B until end of next year )as before joining current company A(which applied for my GC) I was with company B. Joined company A after getting EAD from company A. I want to invoke AC21 and join company B again on H1-B instead of EAD. gurus, please advise
 
I dont see any problem with that.
The company B already has your H1-B you can actaully start working there straightaway I guess. Also you can invoke the AC21 if you want.

Its almost like joining another company by invoking the AC21 and doing an H1 transfer too . Or if you currently were not on H1 then its like a fresh H1.

Looks pretty straight forward to me. But I will let other gurus pass their judgement.
 
Ead

By the way, EAD does not belong to any company. It belongs to you. You can work for anyone using EAD.
 
neocor, pras01:thanks for the response. Yes, I know EAD doesn't belong to any employer but wanted to know whether I can join company B on H1-B (which they already have valid until end of 2006). I was with company B before joining company A. and Joined company A after getting EAD from company A. Can I switch back to H1 from EAD?
 
did you work on EAD?
do you have valid H1 visa stamp in passport? if yes till what date?
did you have H1 approval notice for the employer where you are working? till what date is H1 approval notice validity. till what date is your I-94 valid?

always post the full details.
 
needgchelp said:
I wanted to know how can I move to H1 status back from EAD.
Currently I am using EAD
--------------using EAD with A or B?
and
if I invoke AC21 to join another company B (this company B already has my valid H1-B until end of next year )
--------------if B has valid H1 for you then why dont you join B on H1?

as before joining current company A(which applied for my GC) I was with company B. Joined company A after getting EAD from company A. I want to invoke AC21 and join company B again on H1-B instead of EAD. gurus, please advise
--------------not easy to understand post according to steps, your past situation and present situation
fill up the details and add details so that others can understand your situation:
I came to US on date..... worked with A tilll...
.................
LC filed by A, I-140 filed by A, I-485 filed and got EAD and used EAD with employer..... from date to....
at present with B or A? on EAD ?
-.........
-------
Click to expand...
 
ginnu:- here is my detail.

Current stamp on passport was from company C, which expired July-05. Joined company B 11/04, company B applied for H1-B transfer. Got new I-94 and H1-B approval until nov'06. this new visa is not stamped on passport.

GC was applied from company A and got EAD and I-140 through company A in Feb'05. Joined company A on EAD after that. Remeber, company A doesn't hold any H1 for me since I joined them after getting EAD from them. Company A never applied for H1-B transfer and i joined company A on EAD.

Now, I want to move back to company B NOT WITH EAD but on H1-B. Company B already has valid H1-B for me until nov'06. Can I go back to H1-B?

Two IMPORTANT questions:
1)If I invoke AC21 to join company B, can I join back on H1-B instead of EAD.
2)If I don't invoke AC21 and continued to staty with company A. For some reason if my I-485 gets denied. CAN I GO BACK TO COMPANY B on H1-B as company B ALREADY HAS MY VALID H1-B until NOVEMBER'06.

For question number 1, I got positive response from company B lawyer this morning. However question 2 is very very crucial. please advise.
 
needgchelp said:
ginnu:- here is my detail.

Current stamp on passport was from company C, which expired July-05. Joined company B 11/04, company B applied for H1-B transfer. Got new I-94 and H1-B approval until nov'06. this new visa is not stamped on passport.

GC was applied from company A and got EAD and I-140 through company A in Feb'05. Joined company A on EAD after that. Remeber, company A doesn't hold any H1 for me since I joined them after getting EAD from them. Company A never applied for H1-B transfer and i joined company A on EAD.

Now, I want to move back to company B NOT WITH EAD but on H1-B. Company B already has valid H1-B for me until nov'06. Can I go back to H1-B?

Two IMPORTANT questions:
1)If I invoke AC21 to join company B, can I join back on H1-B instead of EAD.
2)If I don't invoke AC21 and continued to staty with company A. For some reason if my I-485 gets denied. CAN I GO BACK TO COMPANY B on H1-B as company B ALREADY HAS MY VALID H1-B until NOVEMBER'06.

For question number 1, I got positive response from company B lawyer this morning.

However question 2 is very very crucial. please advise.
------------ talk to your lawyer
Click to expand...
 
Also, let's say I join company B invoking AC21 on H1, which they already have valid until end of next year and if my current I-485 is denied, am I safe on H1 status with company B?
 
needgchelp said:
ginnu:- you didn't comment on question number 1 of switching back to H1 from EAD?
Click to expand...
you already posted after talking to your lawye"For question number 1, I got positive response from company B lawyer this morning."

*** I think you need to go to good lawyer with all the details of past H1 and what you plan to do and seek legal advice
 
Imp. info. for all forum mates

recently i got this transcript from Murthy chat that one can retain H1b and can Use EAD.

=========
Chat User : If you use your EAD while employed on an H1B, does your H1B get invalidated?

Attorney Murthy : No. One is allowed to maintain both the H1B and the EAD
concurrently since there is dual intent for H1Bs and L-1s and their dependents
on H-4s and L-2s. The person's 6 years on H1B continues even though s/he has an EAD and is working based on that EAD since, presumably, the person could revert to the H1B by filing an H1B extension with the same employer or work for another H1B-sponsoring employer after processing a new H1B petition, while the GC is being processed by another employer.
=========
Based on above Murthy's reply. I think I got my answer that I can go back to H1-B from EAD. No need to go out of country for passport stamping. That means if my pening I-485 is denied I can go back to H1 with company B, which already has my H1 valid for one more year.
 
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