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EAD back to H1-B
- Thread starter hassoon
- Start date
Raj Chandra
Registered Users (C)
Originally posted by hassoon
Hi All,
Please Help me. I have used my EAD for more than a year. I had total of 3 years of H1. Can I apply for new H1 now without problems, my AOS is still pending, but I believe it will be denied.
Yours,
Better check with your attorney. Per INS, if have got your EAD and working for the same company, you can extend your h1B. But if you have used EAD to work for another company(eg. AC21), then you may not be able to extend. For more info :
http://murthy.com/UDnewins.html
Re: Ithink it might be denied because
u seem to already understand the importance of I140. Since it is > 180 days since application for I485 the sponsoring company can't withdraw the I140. Normally if I140 is approved, very rarely I485 is denied.
Salary differential is not an issue these days. The main thing, do u have ur I485 notice? would u receive the communication/mail regarding 485? If u have receipt, u can send in G28 to change lawyers and address.
Main issue would be if u were to receive an RFE, then if it is possible to get a letter from ur present company giving similar job description as ur original, that should be enoug. Would that be possible?
As per the link provided by Raj [BTW, THANKS RAJ], it is not clear whether they mean that u cannot extend ur H1B if u switch company [which would make sense], I don't know, about obtaining a new H1. Anyway, u need to come to that only if the above mentioned possibility doesn't work out.
Originally posted by hassoon
I left the sponsering company only few days after applying, I don't have a similar job now, salary is much lower,....My case has been pening for more than a year, my 140 was not revoked as far as I know.
u seem to already understand the importance of I140. Since it is > 180 days since application for I485 the sponsoring company can't withdraw the I140. Normally if I140 is approved, very rarely I485 is denied.
Salary differential is not an issue these days. The main thing, do u have ur I485 notice? would u receive the communication/mail regarding 485? If u have receipt, u can send in G28 to change lawyers and address.
Main issue would be if u were to receive an RFE, then if it is possible to get a letter from ur present company giving similar job description as ur original, that should be enoug. Would that be possible?
As per the link provided by Raj [BTW, THANKS RAJ], it is not clear whether they mean that u cannot extend ur H1B if u switch company [which would make sense], I don't know, about obtaining a new H1. Anyway, u need to come to that only if the above mentioned possibility doesn't work out.
Hassoon provide more details
OmGV is getting confused.
FYI :Hassoon already had his interview. The officer for some reason wasnt too happy (am I right).
Anyway, my 2 c say that hassoon should have a good lawyer. since 140 has not been revoked and 180 days for 485 have passed, many people in this scenario have got GC even when they didnt have jobs or had left employers before 180 days.
Dont give up without trying all avenues since you have already come this far.
Good luck.
OmGV is getting confused.
FYI :Hassoon already had his interview. The officer for some reason wasnt too happy (am I right).
Anyway, my 2 c say that hassoon should have a good lawyer. since 140 has not been revoked and 180 days for 485 have passed, many people in this scenario have got GC even when they didnt have jobs or had left employers before 180 days.
Dont give up without trying all avenues since you have already come this far.
Good luck.