Ead/h1

P

psreeky

New Member
Gurus,

Please help me take a decision as I am confused with my strange situation.

1) Have EAD valid until 10/2010 (company A)
2) Was with Company A on H1b until Aug 2008 and got laid off (VISA stamped and I-94 are until 10/2010)
3) Got another job within 10 days in company B but I used EAD
4) Filed for H1 extension in Nov' 08 from company B
5) New H1 is issued but extension is rejected. (no I-94) on I-797.

My attorney says I should cross the border, show the new I-797 notice, and get a new I-94 because I still have my valid VISA even though it is from the previous employer. She says that should constitute my H1B status back.

Please let me know if my attorney is right. If not what is the best way?

I was never out of status but I delayed filing H1. Will be there be a problem if I go for VISA revalidation outside the country? I do not know how to justify the 3 month gap.

Thanks you all.
 
psreeky said:
Gurus,

Please help me take a decision as I am confused with my strange situation.

1) Have EAD valid until 10/2010 (company A)
2) Was with Company A on H1b until Aug 2008 and got laid off (VISA stamped and I-94 are until 10/2010)
3) Got another job within 10 days in company B but I used EAD
4) Filed for H1 extension in Nov' 08 from company B
5) New H1 is issued but extension is rejected. (no I-94) on I-797.

My attorney says I should cross the border, show the new I-797 notice, and get a new I-94 because I still have my valid VISA even though it is from the previous employer. She says that should constitute my H1B status back.

Please let me know if my attorney is right. If not what is the best way?

I was never out of status but I delayed filing H1. Will be there be a problem if I go for VISA revalidation outside the country? I do not know how to justify the 3 month gap.

Thanks you all.
Click to expand...
The lawyer is absolutely right. How you do not trust your lawyer and trust anonymous persons in the forum?
 
Thanks for the quick reply.

It is not a matter of trusting but cross-checking and to know if anyone has come across any situation like this.
 
psreeky said:
Thanks for the quick reply.

It is not a matter of trusting but cross-checking and to know if anyone has come across any situation like this.
Click to expand...

Fair enough. When you use your EAD (either with the same or different employer) you stop the clock of the H from that day. If you want to go back on H again, in most cases you have to go outside to get new I-94 (obviously with valid H stamp). From that day, the clock of the H will start to work again toward the time left in your H. For example if you used H for 4 years then you used EAD for 5 years and after that you re-start the H again, the time will start to count after the 4 years till you finish the 6 years (you will use the saved 2 years not used on H). The advanage of that is in case if the I485 get denied, the person can use the rest of the H, but if he exhaust the H and not using ED, and the I485 gets denied, he will be out from that day of denial.
 
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