Ead To H1b

gcbandwagon

Registered Users (C)
My friend is presently working on EAD .He wants to apply for a H1B transfer and shift to H1B.What does he need to do?
Any help is appreciated.
 
He should be able to get an H1B through the other employer since the 140 and 485 are for a future job offer.

When his GC is approved, he'll then need to go and work for the GC-sponsoring employer unless he uses AC-21 to transfer to the other company after the 140 is approved (and the 485 is pending for 6+ months but has not been approved yet.)
 
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gcbandwagon said:
My friend is presently working on EAD .He wants to apply for a H1B transfer and shift to H1B.What does he need to do?
Any help is appreciated.
No, he can't do H1B transfer. Once you start working on EAD, your H1B got cancelled. If you want to work on H1B, you'll have to apply for a new H1B. But still ask him to confirm his attorney.
 
As rahul mentioned, the H1B is cancelled, when one starts using his/her EAD. If you can apply for a fresh H1, I am not sure about the implication.
 
jaiganesh said:
As rahul mentioned, the H1B is cancelled, when one starts using his/her EAD. If you can apply for a fresh H1, I am not sure about the implication.
If his H-1B I-797A has not expired, he can simply leave the country and reenter with that H-1B approval notice and a visa (if required), the H-1B will be reactivated.
 
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