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

 

[chikki]

Nice Guy,
You say that your H1 was going to expire in Oct, so you went ahead and filed your extension in June, and then travelled. Does this mean that your H1 extension did not come thru before the older H1 expired (Oct),and your travel back to USA was after the expiry of the old H1?
How does this parole thing come into picture without your having to work on an EAD?? Was the parole issued for your travel because H1 could not be approved in time? I don't follow
- Chikki