EAD to H1B transfer possible?

A

araj_98

Registered Users (C)
hi guys,

Here is my situation-

I am on 8th yr H1B with the employer, who filed for my GC. I have had EAD for last 2 yrs now - I never used it. My current H1B is valid until mid 2009 and I have visa stamped until then. I am considering a job change now. As you know, its easier to find a job with EAD than on H1B.

Here are my question -

Is it possible/advisable to use EAD for now and in case, if my 485 is denied, I transfer my H1B to new employer?

Is it possible to transfer or do I have to get a new H1B at that time?

Thanks a million !! (sorry for double post)
 
I don't think you would be eligible for H1B....since you are already in the 8th year...

If you used EAD - then you can't do H1B transfer...what you can only do is - apply a new H1B , which would be subject to Lottery (1) and you would also be ineligible since you already used up 6 years and can only be eligible with a break of 1 year outside US (2)...

Peolple worry about 485 denial ...it's very rare....but it's always better to play safe than sorry...

I would say just use H1B while you can.....but if you get a good enough opportunity - you might consider using EAD...but remember, there is no roadway back to H1B...

Now, coming to USA from this year...one needs nothing but a miracle....THANKS TO H1B lottery system...
 
thanks..

Thanks banta4gc!

I am confused by different opinions people/lawyers have. My lawyer said, its not impossible to do that but I would have to reenter the country with H1B. He cautioned me that it may be difficult to get visa stamped. Now that I have visa stamped too..I was thinking may be its possible.

I was thinking on the same lines, if I do get a good enough offer then use the EAD or else H1B (tired of it)..just to be on safe side.


banta4gc said:
I don't think you would be eligible for H1B....since you are already in the 8th year...

If you used EAD - then you can't do H1B transfer...what you can only do is - apply a new H1B , which would be subject to Lottery (1) and you would also be ineligible since you already used up 6 years and can only be eligible with a break of 1 year outside US (2)...

Peolple worry about 485 denial ...it's very rare....but it's always better to play safe than sorry...

I would say just use H1B while you can.....but if you get a good enough opportunity - you might consider using EAD...but remember, there is no roadway back to H1B...

Now, coming to USA from this year...one needs nothing but a miracle....THANKS TO H1B lottery system...
Click to expand...
 
araj_98 said:
hi guys,

Here is my situation-

I am on 8th yr H1B with the employer, who filed for my GC. I have had EAD for last 2 yrs now - I never used it. My current H1B is valid until mid 2009 and I have visa stamped until then. I am considering a job change now. As you know, its easier to find a job with EAD than on H1B.

Here are my question -

Is it possible/advisable to use EAD for now and in case, if my 485 is denied, I transfer my H1B to new employer?
Is it possible to transfer or do I have to get a new H1B at that time?

Thanks a million !! (sorry for double post)
Click to expand...
-------once you used EAD you will not be on H1 status. H1 transfer can be filed if you are on H1 status in US. if you want to join new employer better go with H1 transfer or use EAD and take the risk(5%)

if you have H1 Visa stamp through employer A and use EAD and then after the use of EAD if you go out of US still you can enter on H1 status if you have valid visa stamp through A and want to work with A and will get I-94 based on H1 status. if want to work with B on H1 status then you need B H1 transfer approval notice
 
Thanks ginnu!

So you are saying its possible.

At the time of reentry, I should have transfer notice and employment verification letter from company B, right? or could I do the transfer after I get it?

I know that my current employer will not revoke my H1B petition.

Thanks again!
 
Assuming that your Company A does not revoke your H1B petition....it just means that you have an existing work permit with Company A till mid-2009......

So if you want to switch to Company B in Aug 08 on EAD and work for them until Jan 09....after that....you always have the option of coming back and working for Company A anytime....since that H1B is not revoked and you also have a visa stamp......

But, let's say now in Jan 09 you want to shift to company C....then you might be able to do H1B transfer....if you go back to Company A and work for them for 2 months (get 2 month pay stubs) and then file for H1B transfer in Mar 09 to Company C....

Yep, that you could do....
 
So I will have to have pay stubs from Company A to transfer to Company C. I hadnt thought about that. I may not come back to Company A at all..

I heard it on Rajiv's conf call from 7/27 that someone like me will not be subjected to quota since I never lived outside the US for >1yr. So I have an option to do a new H1B if I dont come back to Company A.

I think its clear to me now..

Thanks banat4gc!!
 
araj_98 said:
Thanks ginnu!

So you are saying its possible.

At the time of reentry, I should have transfer notice and employment verification letter from company B, right?
-----------------Yes, Valid Visa stamp through A AND H1 transfer approval notice of B and at POE you show valid Visa stamp AND H1 approval notice of B
or could I do the transfer after I get it?
------------ if you enter on A visa stamp and work with A and get 2-3 pay stub of A then B can file H1 transfer . if you dont plan to work with A when you enter then let file B H1 transfer now with premium processing and you may get H1 transfer notice in 20-25 days.
I know that my current employer will not revoke my H1B petition.

Thanks again!
Click to expand...

-------------
 
I140

Hi

I would like to know when can i change my address after filing for I-485 application?

Thanks
 
H-1B transfer from other status

araj_98,

In my understanding, you can transfer your H-1B even if you are using your EAD based on I-485 pending. See the following link to show a related memorandum from USCIS.

http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf

But if your I-485 is denied, you can not do it, since you are no longer in a legal status. So a safer way is to obtain H-1B before the final decision for your I-485 is made. The memorandum clarifies if a previous H-1B holder like you (qulifies H-1B extension beyond 6 year limit) can be tranferred to another company even if the applicant is not in the US, but I am not sure the H-1B transfer can be done if the I-485 is denied because the H-1B extension beyond its 6 year limit is allowed until the final decision of the I-485 is made. I need anyone's input for this matter.

See the following related statement from the memorandum:

B. Periods of Stay in H-1B Status Beyond the Six Year Maximum
In sections 106 and 104(c) of AC21, Congress provided exemptions to the six-year maximum period of stay rules for certain H-1B aliens who were being sponsored by employers for permanent residence and were subject to lengthy processing delays. Though both provisions of AC21 use the term “extension of stay,” eligibility for the exemptions is not restricted solely to requests for extensions of stay while in the United States. Aliens who are eligible for the 7th year extension may be granted an extension of stay regardless of whether they are currently in the United States or abroad and regardless of whether they currently hold H-1B status. Further, in examining eligibility for the 7th year extension, USCIS will focus on whether the alien is eligible for an additional period of admission in H-1B status, rather than whether the alien is currently in H-1B status that is about to expire and seeking an extension of that status in the United States pursuant to 8 CFR 214.1(c).​

araj_98 said:
hi guys,

Here is my situation-

I am on 8th yr H1B with the employer, who filed for my GC. I have had EAD for last 2 yrs now - I never used it. My current H1B is valid until mid 2009 and I have visa stamped until then. I am considering a job change now. As you know, its easier to find a job with EAD than on H1B.

Here are my question -

Is it possible/advisable to use EAD for now and in case, if my 485 is denied, I transfer my H1B to new employer?

Is it possible to transfer or do I have to get a new H1B at that time?

Thanks a million !! (sorry for double post)
Click to expand...
 
ssahai said:
Hi

I would like to know when can i change my address after filing for I-485 application?
---------------------any time after you get I-485 filing reciept, call the 1800NCSC and also write to write to service center where I-485 is pending. why you post the address change question in this thread??
Thanks
Click to expand...
Read below according to your situation:
1 file form AR11 for address change ( it will not chage you address on pending petitions with USCIS)
2 update NCSC on 18003755283, your new address, provide them your ,WAC,EAC or LIN # of I-485 and reciept # of any pending petitions with service center, provide the receipt#, your name, DOB, A#( A# is on I-485 filing reciept)
3 write letter to service center for address change on your pending I-485( if you have spouse I-485 pending He/she also need to change address on her/his I-485 letter need to be signed by spouse with date and reciept# of pending petitions) or any pending petition with them provide your past and NEW address, attach I-485 receipt copy, write your I-485 reciept # name, DOB, A# on cover letter so that you get fingerprinting notice at your new address. Send the letter to your service center with certified return receipt and out side the envelope write in big bold letters ATTENTION: ADDRESS CHANGE for Pending Form I-485 ( or any other application).
4 if want to use AC21 THEN if the past company lawyer filed I-485 then better change your lawyer and fill up new G28 with your new lawyer and he can update USCIS that he represent you and can mail new form G28 to sevice center, he can also make a request to chage your New address on Pending I-485 and he will get if any RFE, if you dont change any RFE will go to past lawyer who filed I-485
*** do the all 1,2,3,4
 
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