EAD to H1B transfer?

A

abansal0211

Registered Users (C)
Hi,

Due to some personal issues/ problems I have decided to go for another H1B transfer thru my current employer 'A' (H1B Visa transfer thru prev employer 'B' still valid till 07/2006). Last H1B Visa approved in 02/2004 and I have been working on EAD since 04/2004 till now. My I485 still pending.

Questions:

1> Do I still have 2 more yrs of H1B Visa out of 6 yr limit (first H1B approved in 2000 and subsequent almost every year) since I started using my EAD in 04/2004?

2> Will the new H1B transfer from employer 'A' will effect my current EAD (valid till 10/1006) and the pending 485 petition?

3> Will I lose my EAD after new H1B Visa transfer approval thru my current employer? What about my 485?

4> Can I renew my EAD again before it expires (10/2006) even after my new H1B visa gets approved?


Please reply ASAP...

Thanks,

A :confused:
 
from my understanding

if u r working on EAD for ur present employer and ur h1 is from ur previous employer u have lost ur h1b status. basically u have to leave the country for 5 months to get an h1b status again. ur h1 time stopped when u started using ur EAD and stopped working for the h1 employer's job. please confirm this info with ur lawyer.


hope this helps.
 
my impression

You should be able to get a new H1B visa, but I think you need to leave the country and come back for it for changing your status from "485 pending" to H1B. I am not sure whether you need to wait for 5 months before coming back. I never heard about that.

Your EAD should still stay valid until it expires -- changing to H1B should not invalid your EAD. You should still have the 2 years left on your H1B.

Good luck and it's best to consult with an attorney.
 
General rule: Once a person uses EAD, his h1 status is toast to EAD. one can always go back to h1 after using EAD if he/she has valid I-797 with I-94.

Here is what one should do to convert back to h1 after using EAD:
-Leave country and come back on valid I-797. If one doesn't have h1 stamp in passport, he/she needs to get h1-b stamp abroad OR use "Automatic revalidation" to avoid stamping and get back on h1 status from EAD.

Above was a general info for converting back to h1 from EAD.

In your situation you should convert back to h1 first before applying for h1 transfer. Once back on h1, apply for h1 transfer. you should be able to re-capture time you worked on EAD for h1 extension.

you can renew your EAD to answer your last question, which is due to AOS pending. nothing to do with h1 status.
 
dyingforgc, some great advise there. I was thinking it should work on similar lines but couldnt find definitive answer. My questions is, would it applicable to someone (my case) who is 8th yr of H1B?

Thanks a bunch!
 
a small correction..

floydtrivia said:
Guys:

Where are you getting all this "wrong" information from ?
abansal:

I suggest you see from my posting "H1B filing while waiting for EAD renewal" dated 24th July 2007. My EAD is expiring on 08/31 and I had raised a question if H1B can be applied and you will clearly see from my earlier posting that the answer came as "Yes". I also further confirmed this with a) Another immigration website and b) An Immigration attorney that I know from my previous company.

Infact, my company's attorneys are filing for my H1B. I also confirmed with the immigration attorneys that it doesn't have any impact on my pending GC.

I also suggest that you do a google search on "H1B portability".

According to my attorney, as long as you are within 6 years, you will be cap exempt and your company can file for your H1B.

I suggest that you talk to your company's attorneys about this.
Click to expand...

You are cap exempt even if you have had H1B for over 6 yrs. Check out Rajiv's conf call from 07/27. My attorney said the same thing.
 
another small correction..

floydtrivia said:
Also few more:-

1) You can apply for EAD regardless of your H1B status. Last year, my earlier company had applied for my H1B and I had applied for EAD in parallel. Both were approved. No problems faced.

-- correct

2) I don't think that you have to leave the country after you get your H1B approval.
-- its a better idea to leave the country so your I94 reflects your status as
H1B rather than pending AOS. Its only if you want to maintain clear H1B status. I think there is another way to change status while you are in the country (form I 539 or something)..but you wont have visa stamped and then it could be complicated if you want to sponsor your wife etc etc. A lot of this is in grey area so its better to be safe...

3) You can still apply for EAD renewal even if you get your H1B.

-- Correct

4) Last but not the least, according to my attorney: There is nothing called
H1B transfer and fresh H1B. Every H1 filed by a new employer are new H1B applications for the employee.

-- When someone says transfer I think they mean that H1B is not counted against the quota/numerical limit vs fresh counted against the limit

All the above are subject to the fact that you are within the 1st 6 years.
Click to expand...

.
 
Guys:

Where are you getting all this "wrong" information from ?
abansal:

I suggest you see from my posting "H1B filing while waiting for EAD renewal" dated 24th July 2007. My EAD is expiring on 08/31 and I had raised a question if H1B can be applied and you will clearly see from my earlier posting that the answer came as "Yes". I also further confirmed this with a) Another immigration website and b) An Immigration attorney that I know from my previous company.

Infact, my company's attorneys are filing for my H1B. I also confirmed with the immigration attorneys that it doesn't have any impact on my pending GC.

I also suggest that you do a google search on "H1B portability".

According to my attorney, as long as you are within 6 years, you will be cap exempt and your company can file for your H1B.

I suggest that you talk to your company's attorneys about this.
 
Also few more:-

1) You can apply for EAD regardless of your H1B status. Last year, my earlier company had applied for my H1B and I had applied for EAD in parallel. Both were approved. No problems faced.

2) I don't think that you have to leave the country after you get your H1B approval.

3) You can still apply for EAD renewal even if you get your H1B.

4) Last but not the least, according to my attorney: There is nothing called
H1B transfer and fresh H1B. Every H1 filed by a new employer are new H1B applications for the employee.

All the above are subject to the fact that you are within the 1st 6 years.
 
I have valid EAD and H1B. My H1B is expired on Dec 07. EAD is expired on Sep 07. I am still in H1B with the same employer for last 8 years. I have applied for EAD renewal last month and currently waiting to get EAD. Also Planning to apply H1B extension for another year.
Here are the questions:
1. If I use my EAD for a part time job, what will happen to H1B?
2. Since I am going to use my EAD, my H1B is invalid. What will happn after sep 2007, in case i don't get EAD renewal
 
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