Company acquired and H1b transfer or EAD

dreamin

Registered Users (C)
My company will be acquired in 3 weeks.
Identity of Current company will be disappeared at aquisition.
I am in H1B. My wife and two children are in H4.
All my family H visa will be valid until November 30, 2005.
I-140 & I-485 notice date : Jan 1, 2004
I-140 approved at 5/17/'04
FP received on 4/20/'04
My wife EAD approved 5/1820/'04. She plan to use it in a month.
I didn't apply EAD yet.

Q1. Which one should I apply among H1B or EAD?
Job description will be same and location will be changed in same CA.

Q2. Should my family also apply for H4 transfer?

Q3. If I didn't get H1B transfer until aquisition date, can I work for new company and paid legally?

Thank you in advance!!
 
Last edited by a moderator:
dreamin said:
My company will be acquired in 3 weeks.
Identity of Current company will be disappeared at aquisition.
I am in H1B. My wife and two children are in H4.
All my family H visa will be valid until November 30, 2005.
I-140 & I-485 notice date : Jan 1, 2004
I-140 approved at 5/17/'04
FP received on 4/20/'04
My wife EAD approved 5/1820/'04. She plan to use it in a month.

---id she uses EAD then She will need AP approved in Hand BEFORE she departs US, Apply AP for her
I didn't apply EAD yet.
---- you should apply EAD, it is not required that you shoud use it if you get, having valid EAD in hand is good if you cange employer in emergency
Q1. Which one should I apply among H1B or EAD?
Job description will be same and location will be changed in same CA.
-------- Both H1 extension and EAD, ( EAD you can file directly with out lawyer and no need of ANY employer for EAD or AP) to remain on H1 is Always better
Q2. Should my family also apply for H4 transfer?
---- if you are filing H1 transfer better file for your spouse and kids H4 also becase you all will have the same I-94 expiry( many forget to extend H4 before H4 I-94 expiry, if you file for them then you will remembet that they have also I-94 till your H1 trasfer, use the Form I-538 for H4 extensiuons)
Q3. If I didn't get H1B transfer until aquisition date, can I work for new company and paid legally?
--- H1 transfer approval is going to take 4-5 months, by law you can join new employer the day you get H1 transfer filing reciept, for more info you should check with your new company lawyer.
Thank you in advance!!
 
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