EAD - h1 mess, need urgent advise

H

hambir

Registered Users (C)
All
Here are my details

- currently on h1 b visa with employer a
- applied 485 as a dependent at nsc , rd dec 2002

i plan to switch jobs and have nottifed employer a of resignation, start date with new employer is july 26.

Now problem is that i resigned on basis of ead application approval, which was on july 8. on july 13 ead application status changed to "application has been mailed on july 13...blah blah"


question
1) If i do not get ead card in mail ( as some folks have had this problem of card lost in the mail), can i start on basis of approval email if new employer ois ok
2) TO BE ON SAFE SIDE AND I DECIDE TO TRANSFER H1, IS ONE WEEK ENOUGH FOR FILING AND RECEIVING RECEIPT- I KNOW I CAN SWITCH EMPLOYERS ON BASIS OF RECEIPT

3) Lastly, as my last date with employer A is july 26, does the H1 trasnfer have to be filed before july 26. if its filed later, like a few days later, will the transfer be rejected?

I am in desperation mode so any help is appreciated

Thanks
 
hambir said:
All
Here are my details

- currently on h1 b visa with employer a
- applied 485 as a dependent at nsc , rd dec 2002

i plan to switch jobs and have nottifed employer a of resignation, start date with new employer is july 26.

Now problem is that i resigned on basis of ead application approval, which was on july 8. on july 13 ead application status changed to "application has been mailed on july 13...blah blah"


question
1) If i do not get ead card in mail ( as some folks have had this problem of card lost in the mail), can i start on basis of approval email if new employer ois ok


I dont think but it also depends on the flexibility of employer, you may consider of going to local office of USCIA.
2) TO BE ON SAFE SIDE AND I DECIDE TO TRANSFER H1, IS ONE WEEK ENOUGH FOR FILING AND RECEIVING RECEIPT- I KNOW I CAN SWITCH EMPLOYERS ON BASIS OF RECEIPT

I dont think one week is sufficent to get the reciept.Yes to be on safer side you should file as quickly as possible before the date

3) Lastly, as my last date with employer A is july 26, does the H1 trasnfer have to be filed before july 26. if its filed later, like a few days later, will the transfer be rejected?

H1 transfer has nothing to do with dates of EAD. yes one has to maintain status.

I am in desperation mode so any help is appreciated

Thanks
Click to expand...
 
Thanks- But please clarify

1) can i go to local office to beg- with offer letter as evidence?

2) my question on h1 trasnfer dates was not regarding ead- rather

is it important that the transfer is filed with ins before the last day of employment with old employer

last date with employer a is july 26
does the transfer need to go before july 26- does a week or so delay mean rejection of transfer ( i know my status is maitained by way of filing 485 but the above question is specific to h1 transfer)
thanks!
 
hambir said:
question
1) If i do not get ead card in mail ( as some folks have had this problem of card lost in the mail), can i start on basis of approval email if new employer ois ok
Click to expand...
the requirement has always been that the employee be in possession of the physical EAD to be able to work on its basis. that the CIS now sends advance email notifications of approvals does not change this requirement (CIS would have published something if it was otherwise).

2) TO BE ON SAFE SIDE AND I DECIDE TO TRANSFER H1, IS ONE WEEK ENOUGH FOR FILING AND RECEIVING RECEIPT- I KNOW I CAN SWITCH EMPLOYERS ON BASIS OF RECEIPT
Click to expand...
well, if you/your lawyer and new employer move really fast: the LCA for the new job should not take more than a day or two (usually LCA approval is received on the same day by fax). then preparing an H1 transfer application should be fairly straightforward for your attorney. have it sent by overnight mail or courier to ensure that it is received by the CIS before your last date of employment at employer A, and your H1 app is assigned a receipt date prior to (or even the same date as) that date. the actual receipt notice does not need to be in your possession in order the start employment with your new employer. also, while you/your employer could pay an extra $1000 for expedited processing of your H1 transfer, there is no need to do that, as you can legally work during the pendency of you H1 transfer app (which is not possible while and EAD renewal is pending).

3) Lastly, as my last date with employer A is july 26, does the H1 trasnfer have to be filed before july 26. if its filed later, like a few days later, will the transfer be rejected?
Click to expand...
it is important to get a receipt date prior to your last day of employment for the H1 transfer application to be legal: strictly speaking, if you are not employed when your transfer is filed, then it is not really a transfer app, rather, it would be an app for a new H1, and, as such, subject to the H1 cap (which has been reached for this year), and also, you could not start employment until its approval.

a couple of days here or there usually does not matter; especially if there is no appreciable break in your paystubs, but why take a chance?
 
hambir said:
All
Here are my details

- currently on h1 b visa with employer a
- applied 485 as a dependent at nsc , rd dec 2002

i plan to switch jobs and have nottifed employer a of resignation, start date with new employer is july 26.

Now problem is that i resigned on basis of ead application approval, which was on july 8. on july 13 ead application status changed to "application has been mailed on july 13...blah blah"


question
1) If i do not get ead card in mail ( as some folks have had this problem of card lost in the mail), can i start on basis of approval email if new employer ois ok
2) TO BE ON SAFE SIDE AND I DECIDE TO TRANSFER H1, IS ONE WEEK ENOUGH FOR FILING AND RECEIVING RECEIPT- I KNOW I CAN SWITCH EMPLOYERS ON BASIS OF RECEIPT

3) Lastly, as my last date with employer A is july 26, does the H1 trasnfer have to be filed before july 26. if its filed later, like a few days later, will the transfer be rejected?

I am in desperation mode so any help is appreciated

Thanks
Click to expand...
If you file H1 transfer with premium processing ( $1000 ), you will get approval within 10 days or so !!

Plus you will definitely get receipt in a week ... also there is an e-filing system for H1 which gives u a rcpt number immediately.

I don't think u can start working on EAD with just the email -- the employer would have to VERIFY your eligibility for filing in I-9.
Its too risky for them to not actually see the real card - 99.9% they won't do it.
 
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