Going back to H1 from EAD??

ramavataar

Registered Users (C)
#1
hi! Gurus,

I am working on EAD, with AC21 case, I am thinking to play safe and work on H1 and let I-485 progress on its own..Incase of rejection I dont have to pack up. This is basically my idea.

Is it possible to go back to H1B (H1 transfer) without abondoning 485?

Thanks,
-Rama
 

axm8606

Registered Users (C)
#5
thanks

thanks to all of you.

i will be talking to an attorney and planning to apply for H1.

I will keep you posted.

thanks,
Akram
 

sv20

Registered Users (C)
#6
You cannot do H1 transfer

Hi,
If you have used EAD, you would have given up your H-1B status for good. You will be an adjustee. Hence you need to apply for fresh H-1B petition if you have to go back to H-1B.
By fresh, I mean brand new H-1B subject to the H-1B cap.
A h-1B transfer petition is done when you are on a valid H-1B status and transfer it to a new employer.
But who knows, USCIS may approve your transfer petition even if you have used your EAD. That is their greatness!. But legally it should not be.
 
Top