EAD / H1-B / GC Doubt

K

karora1986

Registered Users (C)
Hi,

I am on H1-B and waiting for my EAD .

(1)Is there is a minimum period for which i should not leave my first H1 B employer after applying for 485

(2) can i change my employer after getting EAD during H1-B Transfer .In this case will my EAD remain valid and the GC process will continue as usual.
(3) Shall i be required to Apply for new EAD and start my GC process again if i do H1-B Transfer .

(4) Whats if later after i do my H1 Transfer GC gets rejected .Does my new H1 status remain valid .

In general if i want to do H1 Transfer and not use my EAD to change employer what are the pros and cons

Appreciate if someone guides me on this .
Thanks in advance

Kamal
karora1986@yahoo.com
 
I am on H1-B and waiting for my EAD.

(1)Is there is a minimum period for which i should not leave my first H1 B employer after applying for 485
--You can leave your H1b employer any time after I-485

(2) can i change my employer after getting EAD during H1-B Transfer
YES, you should have EAD in hand, you can also join new employer by just receipt of H1B transfer
.In this case will my EAD remain valid and the GC process will continue as usual.
--- EAD will be valid till the date it is approved, Regarding GC process if your Employer is not going to cancel I-140 and your I-485 is pending more than 180 days you will be safe

(3) Shall I be required to Apply for new EAD and start my GC process again if i do H1-B Transfer .
-- NO, If you join new employer by H1B transfer you don’t have to use EAD and if your I-485 is denied due to some reason you will be safe if you join new employer on H1B transfer because you can also start the LC process with him immediately to be at safe side

(4) What’s if later after I do my H1 Transfer GC gets rejected .Does my new H1 status remain valid .
--- YES, your H1B remains valid if you are maintaining H1b status and don’t use EAD

In general if i want to do H1 Transfer and not use my EAD to change employer what are the pros and cons
--Better is to join by H1B transfer

Appreciate if someone guides me on this .
Thanks in advance
 
after applying for 485 after what time frame employer cannot cancel your GC ?

i have seen that after 180 days of applying my 485 and ead the employer cannot cancel my gc process.

Also if i do an H1-B tranfer after 485 filing do i need to start my gc process again ...? after what time frame can i do h1-B transfer so that i neednot start my GC process ....

Thanks in advance
 
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After applying for 485 after what time frame employer cannot cancel your GC ?
*** Once the I-485 is filled and is pending more than 180 days with INS, even if the employer sends letter to revoke your I-140 is not going to act on it, employer can not cancel I-140 after 180 days and I-485 belongs to you employer has nothing to do with I-485

i have seen that after 180 days of applying my 485 and EADthe employer cannot cancel my gc process.
Correct

also if I do an H1-B transfer after 485 filing do i need to start my gc process again...?
** NO,
After what time frame can I do h1-B transfer so that I need not start my GC process....
Better after 180 days after filing I-485 but you can leave the employer next day after filing your I-485 (just to avoid the fear that employer should not cancel your I-140, if you are sure that he will not try to cancel then leave any time) and it is not rule that you should be working with sponsor employer to get GC, employer A can start your GC process while you are working with B . GC is for future job

INS may publish AC21 final rules this month
 
Ginnu Thanks for your valuable information

Anybody has actually gone thru an H1-B transfer after 180 days .

is the paper work to inform INS about change in your employer is staright forward ..can i do it myself instead of going to a Layer

Thanks in advance,
 
Anybody has actually gone thru an H1-B transfer after 180 days .

---Many have done it before 180 days and after 180 days and still doing it

is the paper work to inform INS about change in your employer is staright forward ..can i do it myself instead of going to a Layer
-- Better take the srvices of Lawyer to send new Employer letter or Intent change latter and lawyer will also submit AC21 letter
 
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