DORA EAD/H1 Transfer(URGENT)

[soniya9]

I am waiting on my EAD through the DORA process

Interview: 01/29/2007 (I 485 AND I 765 petition)
Receipt date: 02/05/2007 (for both I 485 & I 765)
Finger Prints:02/22/2007
nothing on both petitions so far.

I resigned job on 03/02/2007 for a new one, as I was expecting the EAD the following week.I was working on H1 status. As I understand, I cannot start with the new employer unless I have the EAD or file for H1 transfer. Its been 2weeks that I have not been working and need to start with the new employer as soon as possible.

1. Is the EAD(I 765) receipt good enough to start working?
2. Is there a way I can apply for urgent EAD to receive it within a week? I thought I read somewhere that you can apply for it online? if so what is the process
3. Or should I file for H1 transfer now, which will be $3000 in fees for only a month or so, as I might receive the EAD in month or so?

I need to take care of this ASAP or else the new employer may take back their offer.My new employer won't wait for more than 2 weeks I think.

Any help will be appreciated.

Thanks

 

[dr_lha]

EADs take 90 days, why are you expecting it next week when your reciept date is only about 45 days ago?

1. No the receipt is not good enough to start working.
2. No there is no way to expedite the EAD until you are past the 90 day mark.
3. How exactly are you going to file for an H-1B transfer, only your future employer could do that. You need to talk to them about filing an H-1 transfer. However as you quit your job 2 week ago, you've basically been out of status in terms of your H-1B for those 2 weeks, I don't believe in that case you can get a "transfer", as there is no grace period for H-1B.

I think you were a little hasty in quitting your old job, unfortuantely.

 

[soniya9]

Thanks....but I filed through the DORA(Dallas Office Rapid Adjustment) process and in this process the green card itself is expected in 90 days so I was informed at the interview that I would receive the EAD within 45-60 days.
DORA timeline is different from regular green card filing timeline through a spouse USC. (atleast thats what I was informed?)

And apparently there is a 30 day grace period for transfer of H1 visa(under certain circumstances-is what I was informed?)

And filing for I-485 and I-765 keeps me in legal residency status(is what I was informed?), even if it is not H1.

 

[GotPR?]

Why not transfer H1, if you serioulsy need to work ? Short gap may not be exposed to CIS if you could provide the latest paystubs. It gets difficult if gap becomes too long..

There is no official grace period in your circumstance.

 

[dr_lha]

Thanks....but I filed through the DORA(Dallas Office Rapid Adjustment) process and in this process the green card itself is expected in 90 days so I was informed at the interview that I would receive the EAD within 45-60 days.
DORA timeline is different from regular green card filing timeline through a spouse USC. (atleast thats what I was informed?)

That may be true, I'm not sure how they handle EAD for DORA to be honest. The proof will be in how fast you get your EAD though, won't it? It looks like its longer than 45 days right now. Perhaps it will be approved in the next week or so. Are you signed up for online/email updates? You can start working as soon as you recieve an email from USCIS that EAD has been approved.

And apparently there is a 30 day grace period for transfer of H1 visa(under certain circumstances-is what I was informed?)

That is an commonly held myth I'm afraid. There is no 30 day grace period. The 30 day grace period exists for J-1, but not H-1.

And filing for I-485 and I-765 keeps me in legal residency status(is what I was informed?), even if it is not H1.

I-485 means you are legal, yes.

 

[soniya9]

yes....all of that makes more sense now. I appreciate your help.

One other question:

My previous employer that I resisgned from is fine with taking me back, if the new offer doesn't work out. The H1 was not cancelled, so can I go back and work for them under that same H1 approval(valid unter october '07)?

 

[soniya9]

Why not transfer H1, if you serioulsy need to work ? Short gap may not be exposed to CIS if you could provide the latest paystubs. It gets difficult if gap becomes too long..

There is no official grace period in your circumstance.

Thanks! One other question:

My previous employer that I resisgned from is fine with taking me back, if the new offer doesn't work out. The H1 was not cancelled, so can I go back and work for them under that same H1 approval(valid unter october '07)?

 

[dr_lha]

yes....all of that makes more sense now. I appreciate your help.

One other question:

My previous employer that I resisgned from is fine with taking me back, if the new offer doesn't work out. The H1 was not cancelled, so can I go back and work for them under that same H1 approval(valid unter october '07)?

Well the break in employment is not really allowed on an H-1B, but its unlikely to be noticed. If they re-employ you such that it was as if you never quit, then it'll be fine.

 

[soniya9]

Well the break in employment is not really allowed on an H-1B, but its unlikely to be noticed. If they re-employ you such that it was as if you never quit, then it'll be fine.

How does that work? I used to work for a local government and I doubt they would bend any rules. The only thing I know for sure is that they haven't informed the INS as yet and are ready to take me back.

I guess can you please elaborate on how can I be re-employed such that it seems like I never quit?

 

[dr_lha]

Not missing a paycheck is the best way. I don't know how companies do this, but I lost my job, a few months back due to a technicality (not my fault), and was re-employed 2 weeks later with my pay backdated.

However, if your old job is willing to take you back I wouldn't stress the details. Even if you are breaking the rules of the H-1B, it won't legally hurt your green card application.