Confused about workin on EAD or H1 after layoff

[Nice_guy73]

Hi,

I need help guys... here are tha facts for me:

Applied 485 in dec 01. Wac 02-077. Have been working for same H1 company for past 3+ years. I applied for H1 extension last year in June since my H1 was expiring in Oct. unfortunatley I had to travel to India during this time and had to use AP to enter back.
Now my company is laying me off this month end. I have got an offer from another company. They are Ok to let me work on H1 or EAD. My questions are:

1. Can I leave my emplyoyer after 1 year of 485. Do i need to work on H1 or EAD.

2. Does use of AP invalidates H1 status or AP is just a travel document when we dont have a valid H1. In my case I used AP to travel since at that time I did not have a valid visa on my passsport.

3. Can I transfer my H1 to another company after using AP. Is H1 transfer possible during AOS like in my case. I know I can use EAD card to make things simpler but I would like to bring my wife on H4 and the moment I use EAD I will loose H1 status.

4. Does working on EAD after 1 year of 485 have any problems on my GC in future. My lawyer told me that I will surely get RFEs.

I am very confused guys on all these issues and having sleepliess night....PLS ADVISE....

Thanks

Nice guy

 

[tt tt]

Stick to H1..

1) you can leave your employer. YOu can use either H1 or EAD to work for new employer..but I would recommend using an H1..just in case delays/incorrect denials happen for the 485..you are better off on an H1 status. Please make sure that your new job description and title is exactly the same as the previous one..since you are changing employers with AC21 you could be called to explain this in an RFE so be prepared.

2) If you just use an AP to enter the USA but continue to work ONLY for the same H1 sponsering employer then you can continue to be on H1 status. I got this info from the www.usvisanews.com...wed Qs archives.However things become complicated for your dependent's status if they enter on H4 while you enter on AP...the general rule to aviod confusion is if you use one of AP/EAD to enter/work , you use EAD/AP to work/enter.

3) You can go back to H1 status from AP/EAD status...get an H1 xfer done..sue premium processing..get a H1 visa in your passport and then apply for your wife's H4.

4)Your chance of getting RFEs/interviews increases for reasons like changing Jobs/bad FPs/gaps in employement history/485 pending for more than a year(CSC's rule not your fault)/filing for spouse 485 within a year of marriage/illegal stays in the USA..but it does not include working on EAD.