Ginnu,
Thanks a lot for your reply. I still try to understand more for the advantage to renew H-1B.
All my information is below:
first 3 years of H-1B expire at 11/30/2003.
------- You have to apply H1 extension or H1 transfer before that date with BCIS
I-140 and I-1485 was filed concurrently at 03/03/2003
I-140 was approved 05/27/2003
Applied EAD at 05/30/2003 (suppose get it before 09/2003)
------ You will be in AOS pending status
Will be layoff at 11/20/2003
off payroll at 12/20/2003.
I think since I will get EAD soon and I will be legal to stay and work in USA after 12/20.
----- Yes, your status will be AOS pending, you need EAD in hand for work or file H1 transfer through new employer and work on H1 status
and definatelly I-485 will not be approved at that time. Also because my I-140 was apprroved at 05/27, I will try to leave corporation after 11/27 to keep 180 days for AC21.
----- Take the copy of approved LC, I-140 copy and I-485 receipt notice, try to join new employer with same job skill if you want to use AC21
My question is if the new employer apply H-1B for me. They can either do H-1B transfer before 12/20 or do reapply new H-1B after 11/30.
--- YES, if file H1 transfer before 12/20 you will get extended I-94 with h1 transfer approval but if NEW H1 is filed you will not get I-94 with your approval, exit US, get H1 visa stamp enter on H1 status
If they are same document (not same process??), it should be same for new employer.so even I don't need to renew H-1B in current employer. Or H-1B transfer will be easier than H-1B reaplpication??
--- Mostly same documents if H1 extension from same employer then they know the documents and have to get LCA from DOL, for H1 transfer same documents new LCA for you from DOL to be filed with H1 extension or H1 transfer
I don't understand what happens if H-1b is not renewed, but with EAD, so is I-94 expired at 11/30??? If NEW H-1 will not extend I-94, what is I-94 status?
---- if you don’t extend H1 or your I-94 expires but as you have pending I-485 you will be in AOS, even if I-94 expires you can stay in us but need valid EAD in hand for work
you seem to be confused and If you have more concerns please go to lawyer and seek paid legal advice