H-1->EAD->H-1 question? Any body in the same boat?

S

simpleguy

Registered Users (C)
Hi All,
My wife just got laid off on H-1. But, she has EAD until the end of this year. My question is, Can she work on her EAD for a new employer(say for 2-3 months) and then go back onto another H-1 with that particular employer? Will she get her H-1 approved? Will it be a transfer of H-1 or will it be a new H-1?
The reason I\'m asking this is that she has EAD through me, but I\'m not sure if I\'ll get my GC approved. Because, I\'ve changed my sponsor employer after 180+ days (but before AC21 was passed) and I\'m not sure if my GC will be approved successfully.

Please help!! from your experience/knowledge.

thanks -- simpleguy
 
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thanks!!, ind2k1.
On a different note, if we just do a normal H-1 to H-1 transfer, then we are not mandated to go out of the country to get the visa stamped right? I heard that we could get it done by sending the papers to St. Louis. Is this true?

thanks again -- simpleguy
 
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From EAD to H1 there is always a need to reinstate the H1 stamp.
St. Louis will not do it for you.
(Don\'t know why??? But I am pretty sure that you have to go out of the country in order to change your status from EAD -> H1)

Talk to your lawyer.He will know more if\'s and but\'s about this.
 
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Your solution is VERY simple. If you have EADs, you can work for anyone. If you changed employers, then simply have the new employer take over the old case. For this, you need to get a new I-140 through the new employer.

I too changed jobs using my EAD - within like 60 days of getting my EAD, and got a new I-140 - and got the INS to transfer over my old application to my new employer. Basically my new employer said that they would continue with the old processing. This way, you get to capture and keep your priority date.

Also, to renew your EAD, you don\'t need anything from your company. So, you can renew your EAD as long as you want - as long as you don\'t come up for adjustment of status.
 
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HVN:

I have a similar situation. My I-485 was filed in Feb/01 and I have EAD card and also I am still on H1-B. I might be laidoff by my current employer. My question is: since my I-485 filing is not over 180 days. If I use EAD card to looking for a new job (let\'s say, 2 months down the road), can I transfer back to H-1B? When you use your EAD card to change job, what is the days after your I-485 filing?

Thanks

jf
 
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