H-1B extension and EAD

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casttree

Registered Users (C)
If I already have EAD, and I will be layoffed 1 month after my current H-1b expire. do I need to extend my H-1B if corporation can do that? any benifit or bad effect?

thanks
 
Boath EAD and H1 have their own benefits and dis-advantages, it is your own personal call.
 
Go for the H1 transfer because if your I-485 is denied due to any reason with H1 status you can remain in US and can work and also can extend H1B if you consumed 6 years, you can get 7th year extension based on your approved LC (even if it is from different employer) I-140 or I-485 pending.
If H1 Transfer is possible try to join new employer by on H1 and file for same skill job title as you had with past employer. also request your new employer to file new LC for you as saftey net

Please also try to get from past employer or lawyer, LC filling receipt that was sent from SESA it has proof that LC was filed on particular date, or approved copy of LC and I-140, I-485 filling receipts.
 
Thanks for your information.

What is different between H-1 Transfer and H-1B application? I suppose when I leave the current corporation, the existing H-1B will be expired. Will it be easier to do H-1B transfer than H-1 B reapplication? and if I find a new job 1 month after I leave the old corporation, can I still apply H-1B transfer?

Another question if I extend my H-1B with a new 3 years and use about 1 month, will it expire the rest period like as OPT (if I use 1 month OPT and change to H-1B, the rest 11 monthes is expired too.)

Thanks,
 
What is different between H-1 Transfer and H-1B application? I suppose when I leave the current corporation, the existing H-1B will be expired. Will it be easier to do H-1B transfer than H-1 B reapplication? and if I find a new job 1 month after I leave the old corporation, can I still apply H-1B transfer?
----- Your new employer has to file for H1 transfer (same documents needed for H1 extension or new H1) with H1 transfer you will get I-94 extended but with NEW H1 the I-94 will not be extended by BCIS, what you can do it try to find job ASAP and your new Employer should file for H1 transfer, for H1 transfer you need recent pay stubs. H1 transfer should be filed before your H1 and current I-94 expires
Another question if I extend my H-1B with a new 3 years and use about 1 month, will it expire the rest period like as OPT (if I use 1 month OPT and change to H-1B, the rest 11 monthes is expired too.
--------Your new employer has to get LCA from DOL it is fax back system takes maximum 4-5 days and has to file it with form I-129 and has to send the fee to BCIS, once you get the receipt of filing you can immediately start work with them
if you have not consumed 6 years on H1b and still you have 3 years remaining your new employer can ask LCA for 3 years and your H1 transfer will be approved for 3 years, if you have other confusion go to a lawyer and seek legal advice
 
Your current company may cancell your H1B after they lay you off. If you could find a job before they cancell your H1B, you may reapply (transfer what ever). After you submit your application for H1B you may work for the new employer.

Since you have I485 pending, you are on status. Otherwsie, H1Bs are asked to leave the contry immediately after they lose their job.
 
“Your current company may cancel your H1B after they lay you off. If you could find a job before they cancel your H1B,”

-----The day company sends letter to BCIS to revoke H1 is not counted, BCIS takes time to revoke H1, and one should file for H1 transfer before H1 gets revoked by BCIS
 
My H-1b will expire at 11/30/2003. We will be official noticed for layoff at 11/20/2003, but keep on pay roll until 12/20/2003 (layoff package, will not work in that month, but keep the name in payroll). I will get EAD before 09/2003 (applied at 5/30). I have not get new job yet.

Now the lawyer asked the corporation to renew my H-1B, do I still need to do that? Is there any help for my case?

Or if I renew H-1B just for that 20 days and get another job 2 monthes after 12/20/2003, what happens for my H-1B?
 
My H-1b will expire at 11/30/2003. We will be official noticed for layoff at 11/20/2003, but keep on pay roll until 12/20/2003 (layoff package, will not work in that month, but keep the name in payroll). I will get EAD before 09/2003 (applied at 5/30). I have not get new job yet.

Now the lawyer asked the corporation to renew my H-1B, do I still need to do that? Is there any help for my case?
----- If the same company is applying for your H1 extension it is good for you, lawyer may be trying to file H1 extension because he will get the fee for filing he may not be knowing that you are being laid off 11/20/2003, no harm for you if they file H1 extension, lawyer may be thinking to file H1 extension now because many BCIS service centers this time take longer time 6-8 month time to approve extension

Or if I renew H-1B just for that 20 days and get another job 2 monthes after 12/20/2003, what happens for my H-1B?
-------- if they file H1 extension for you it is good for you, let them file more than 20 days or what ever time you have left on H1 because if you renew for 20 days or 3 years they have to pay the same fees. Till the time you have valid H1 and pay stubs you can file your H1 transfer with new employer. As you stated that you will be laid off on 11/20/2003, better try to send H1 transfer to BCIS before that date as you will be having recent pay stubs at that time, find the new job ASAP and your H1 transfer package should reach BCIS before 11/20/2003, if it reaches on 10/20/2003 still you will be OK
 
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.
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)

Will be layoffed 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. 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.

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. 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??

I don't understand what happenes 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?
---------------------------------------------------------------
Your new employer has to file for H1 transfer (same documents needed for H1 extension or new H1) with H1 transfer you will get I-94 extended but with NEW H1 the I-94 will not be extended by BCIS,
-----------------------------------------------------------------

Through lawyer asked to renew H-1B, but it may meet some obstracle in corporation, since they plan to get rid of us at 12/20. I can try to talk with my manager to puch him as the best way for me and hope to get more information for this issue.

Thanks again for your advices.
 
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
 
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