EAD - switching back to H1

J

Jyoti123

Registered Users (C)
I am currently on H1 with CompAAA (valid till 2009) and I also have an EAD through my husband's employer.

I have a new fulltime job offer from CompXXX , but the CompXXX is not ready to sponser my H1. I may have to use EAD.

In case we get into trouble with my husband's GC process and if my EAD gets invalid, Do I have an option of switching back to H1 anytime without going through quota issues?

Note: CompAAA isn't revoking my H1.

Please let me know if you have come across such situation. Thank you very much.
 
If your EAD was obtained through I-485, you can regain H1 status by reentering the US with H1 stamp. However, new employer has to file H1 (w/o quota) and get it approved before you enter the US with H1 stamp.
 
Thanks for your response.

"However, new employer has to file H1 (w/o quota) and get it approved before you enter the US with H1 stamp."
Does this mean my new employer can file for my H1 at anytime of the year? (like in Sept 2007 when the quota is finished)

If there is any problem with GC, will my EAD be invalidated immediately or will they give me sometime?
 
Cool...

How about "If there is any problem with GC, will my EAD be invalidated immediately or will they give me sometime?"
 
Another Question:

I finished 3.5yrs on my H1B. My current employer isn't sponsering my green card.

If I starts using my EAD now, get back to H1 in March '08.. Will I be getting a 2.5yrs of H1 or will it just be 1.5yrs?

GotPR, please respond. Thank you very much.
 
Jyoti123 said:
Another Question:

I finished 3.5yrs on my H1B. My current employer isn't sponsering my green card.

If I starts using my EAD now, get back to H1 in March '08.. Will I be getting a 2.5yrs of H1 or will it just be 1.5yrs?

GotPR, please respond. Thank you very much.
Click to expand...

Let me give my opinion waiting for inputs from others.
1- If your GC get denied, your EAD will be expired immediately (no grace period). Because of that people usually keep their H valid to avoid this sudden tragedy if GC gets denied.
2- If you use your EAD and the new employer sponsor you an H. As you know you have to get stamp from outside because you already discontinue your H status. The time left for H (2.5 years) will start to be counted from the day you returned back and used the H stamp in the port of entry. At that time the port of entery (e.g airport) will issue you I-94 showing your status of entry (H). In the first day of work you will contact the human resources and give them the H approval with a copy of I-94 and the clock will start to count toward the end of 2.5 years. If you returned back with the new I-94 and insist to use the EAD, your new H will be invalidated again.
 
Thanks a lot for your response mmed. I am sorry to ask so many questions, but I just want to be safe.

If you use your EAD and the new employer sponsor you an H. As you know you have to get stamp from outside because you already discontinue your H status.

Should my new employer file for my H1 extension immediately on the day of EAD denial ?

As you know it might take 2-3wks to get new H1 approval, book Visa appointment abroad and to re-enter. What will my status be in between? Am I legally allowed to work for my new employer?

In worst cases, if CompAAA revokes my H1 when I start working for CompXXX.. Will this process change completely?
 
Jyoti123 said:
Should my new employer file for my H1 extension immediately on the day of EAD denial ?
Click to expand...
if EAD denial you meant to say is AOS denial, you will not have status after AOS denial. You are supposed to file H1 petitiion w/o change of status or extension in that case, therefore I believe you will not have legal ground to stay after AOS denial.
 
I meant to say I-485 denial. I guess AOS means I-485. Don't they give me any grace period to change my status back to H1 when I-485 gets rejected?

I believe I-140 denial will not invalidate EAD. Please correct me if I am wrong.

I am little confused by this statement "You are supposed to file H1 petitiion w/o change of status or extension in that case" Could you please explain further?

Thank you
 
Since you use EAD, you are not on H1 status anymore. you are under authorized stay due to pending I-485 which is not non-immigrant status.
Change of status works between non-immigrant status, therefore, you can not change the status in the US. You should file H1 w/o change of status.
 
GotPR? said:
If your EAD was obtained through I-485, you can regain H1 status by reentering the US with H1 stamp. However, new employer has to file H1 (w/o quota) and get it approved before you enter the US with H1 stamp.
Click to expand...

If she doesn't want to go for stamping and if she already has h1-b valid with any employer, she can always get back to h1-b from EAD using auto revalidation going to Canada and come back on the basis of unexpired h1-b approval. no stamping is required if you use auto revalidation.
 
dyingforgc said:
If she doesn't want to go for stamping and if she already has h1-b valid with any employer, she can always get back to h1-b from EAD using auto revalidation going to Canada and come back on the basis of unexpired h1-b approval. no stamping is required if you use auto revalidation.
Click to expand...
That is correct, I misunderstood that her H1 was expired already.
 
Sorry, I was sick and couldn't check messages for the last few days.

So, does this mean I can go out and come back to USA with my H1B to be back on status? Do I need any paperwork to show that I am using "auto revalidation" or entering back on H1B is considered "auto revalidation" internally? Please give me some additional information.

Thank you very much.
 
Last edited by a moderator:
Jyoti123 said:
Sorry, I was sick and couldn't check messages for the last few days.

So, does this mean I can go out and come back to USA with my H1B to be back on status? Do I need any paperwork to show that I am using "auto revalidation" or entering back on H1B is considered "auto revalidation" internally? Please give me some additional information.

Thank you very much.
Click to expand...
you don't need paperwork. If you use automatic revalidation, don't surrender I-94 when you leave the US.
 
Thanks GotPR...

Just to confirm.....

If I already have a valid visa on my passport, I don't need to go for stamping. Right?

I can go to canada without surrendering my I-94, re-enter US by showing them my old Visa. So, while re-entering should I ask the officer at POE to revalidate my I-94? Please let me know if the process of re-entering USA is anyway different from entering on usual H1B visa.
 
In your case, since you have valid H1 stamp(pl. confirm), it's not important whether you use auto revalidation or regular entry with visa.
if you use auto revalidation, keep I-94 when you leave and show it w/ passport when you are back. Good to carry approved petition just in case.
If you use regular entry with valid H1 stamp, surrender I-94 upon departure and reenter as you usually do at POE with visa stamp.
 
Yes. I have a valid visa for the next 2yrs. Thank you very much for all your help.

But I still don't understand the purpose of auto-revalidation. But don't worry, I will go through some of the threads here to learn more about it.
 
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