Mustaq Aziz
Member
Can we transfer h1 to the new company and work on h1 after 180 days then transfer 485 using portability. Is this ok. Anybody has any experience??
Thanks..
Thanks..
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Do we have to use EAD to Change Job after 180 days?
- Thread starter Mustaq Aziz
- Start date
Mustaq Aziz
Member
Any info is greatly appreciated.
I know lots of confusion is there about changing jobs after 180 days, still we need to discuss to get more info.
Thanks..
I know lots of confusion is there about changing jobs after 180 days, still we need to discuss to get more info.
Thanks..
No Title
Yes, you can ask your new employer to petition for a new H1B, but what\'s the point? If you already have an EAD or if your local office processes EAD, what not just use your EAD? Of course, if you have to apply for an EAD from VSC but want to start working at your new employer immediately, then use H1B portibility.
Yes, you can ask your new employer to petition for a new H1B, but what\'s the point? If you already have an EAD or if your local office processes EAD, what not just use your EAD? Of course, if you have to apply for an EAD from VSC but want to start working at your new employer immediately, then use H1B portibility.
Mustaq Aziz
Member
GC_cool Thanks for info.
What I heard is by using EAD we can only work part time for other employers, while working full time for the oroginal employer! Is it true?? For this reason only I was thinking of using H1.
Thanks..
What I heard is by using EAD we can only work part time for other employers, while working full time for the oroginal employer! Is it true?? For this reason only I was thinking of using H1.
Thanks..
GC_Cool, what about before 180 days?
GC_Cool, what about before 180 days? I was not that lucky, I was laid off two months after I filed my 485. It is very difficult to find a company which is willing to sponsor H-1B now. Can I just use my EAD to work for a new company? Thanks for your input.
GC_Cool, what about before 180 days? I was not that lucky, I was laid off two months after I filed my 485. It is very difficult to find a company which is willing to sponsor H-1B now. Can I just use my EAD to work for a new company? Thanks for your input.
Alien Labour
Registered Users (C)
I think if it is less than 180 days and you want to work you need to use EAD for part time job.
No Title
As long as your I-485 is pending, you are in status and are eligible to use EAD to work for any employer. Alternatively, you can ask your new company to petition for a new H1B. There are pros and cons for either method. If you use your EAD, in the unlikely event that your I-485 is adjudicated within 180 days, your will be out of status and can no longer work in the US. On the other hand, if you get a new H1B using the AC21 portability rule, then you are likely to get RFE and a possible interview. However, the tricky question is whether your I-485 is still valid if you change job before 180 days. AC21 is vague and INS hasn\'t clarified this. Being Optimistic, I would say your I-485 will still be approved as long as you find a new job in similar job category. If you have no other choice, use your EAD.
As long as your I-485 is pending, you are in status and are eligible to use EAD to work for any employer. Alternatively, you can ask your new company to petition for a new H1B. There are pros and cons for either method. If you use your EAD, in the unlikely event that your I-485 is adjudicated within 180 days, your will be out of status and can no longer work in the US. On the other hand, if you get a new H1B using the AC21 portability rule, then you are likely to get RFE and a possible interview. However, the tricky question is whether your I-485 is still valid if you change job before 180 days. AC21 is vague and INS hasn\'t clarified this. Being Optimistic, I would say your I-485 will still be approved as long as you find a new job in similar job category. If you have no other choice, use your EAD.
Pending 485 and new H1B
just got a thought ...
if i have my I-485 pending and i apply for a new h1b(not a h1b transfer. Acc to law, I can hold multiple h1Bs)
This new h1B is only a backup and will not be used unless I am laid off before 180 days by my existing employer.
If I am laid off, after 180 days, do I have the option of using EAD or the new h1b to join the new employer.
And, if I am lucky and continue to be with my existing employer, will there be any possibility for RFE or interview for my 485, because of the new h1b?
just got a thought ...
if i have my I-485 pending and i apply for a new h1b(not a h1b transfer. Acc to law, I can hold multiple h1Bs)
This new h1B is only a backup and will not be used unless I am laid off before 180 days by my existing employer.
If I am laid off, after 180 days, do I have the option of using EAD or the new h1b to join the new employer.
And, if I am lucky and continue to be with my existing employer, will there be any possibility for RFE or interview for my 485, because of the new h1b?
Is there any risk of moving to a new job after 180 days .....
I believe if you move before 180 days,the sponsoring firm could cancel your I-140 and thus invalidate your the I-485. I am not sure if they are legally permitted to do this after 180 days. I guess moving after 180 days when you are close to you 485 approval, it may be a good idea to use your EAD. In circumstances other than nobility, I am not sure what real benefit is EAD to folks who are on valid H1 status and have sufficient residual H1 time. Experts please comment.
I believe if you move before 180 days,the sponsoring firm could cancel your I-140 and thus invalidate your the I-485. I am not sure if they are legally permitted to do this after 180 days. I guess moving after 180 days when you are close to you 485 approval, it may be a good idea to use your EAD. In circumstances other than nobility, I am not sure what real benefit is EAD to folks who are on valid H1 status and have sufficient residual H1 time. Experts please comment.