EAD/AP...Please help

M

mk0992

New Member
I applied for I-485 8 months ago (I-140 Approved) and have my EAD as well as AP.
My employer is laying me off in a month or so. I would like to maintain
my H1 Status and don't want to use my EAD. My question is

Can I apply for H1 transfer and work with another company on New H1 and still continue
my Green Card process?

If yes, Do I need to get my New H1 stamped to travel outside? or I can use my existing AP?

I have been reading totally oposite opinions at different sites.
Thanks in advance.
 
mk0992 said:
I applied for I-485 8 months ago (I-140 Approved) and have my EAD as well as AP.
My employer is laying me off in a month or so. I would like to maintain
my H1 Status and don't want to use my EAD. My question is

Can I apply for H1 transfer and work with another company on New H1 and still continue
my Green Card process?

If yes, Do I need to get my New H1 stamped to travel outside? or I can use my existing AP?

I have been reading totally oposite opinions at different sites.
Thanks in advance.
Click to expand...

GC is for a future job. So i think it is ok to apply for GC through company A and work for company B as long as you are able to present required documents if your case is adjudicated or an RFE is requested.

I think you will be able to use a valid AP to travel at POE.
I read about a new law at Sheela murthy's web site that lets you maintain your H1 status even if you use AP to travel.

Before taking any decision i would also suggest you to talk to a lawyer.
 
mk0992 said:
I applied for I-485 8 months ago (I-140 Approved) and have my EAD as well as AP.
My employer is laying me off in a month or so.
------ you are Safe to use AC21 becase I-140 approved AND I-485 pending more than 180 days
I would like to maintain
my H1 Status and don't want to use my EAD. My question is

Can I apply for H1 transfer and work with another company on New H1 and still continue
my Green Card process?
------ YES, YES apply H1 transfer once get H1 transfer filing reciept you can work with new employer and make sure the lawyer file it as H1 to H1 Transfer with recent pay stubs from past employer,it should NOT be filed as Fresh NEW H1 becase Fresh NEW H1 approval notice will not have I-94 attached and H1 Transfer will have I-94 attached.
If yes, Do I need to get my New H1 stamped to travel outside? or I can use my existing AP?
----- you will get new I-94 attached with H1 Transfer approval and can work in US till that I-94 validity and you have also I-485 pending so you can stay , if you want use H1 then when go out of US get H1 stamp or use Valid AP, use od AP does NOT validate your H1 status if you work with employer who filed your latest H1
you can read more on H1 AP use:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
I have been reading totally oposite opinions at different sites.
Thanks in advance.
Click to expand...
 
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