H1 after 485?

[rir_or]

I am on H1 (more than 6 years) and have my 485 pending for long time. I am going to change employers soon. Am I eligible for filing H1 with the new employer?

I have EAD, but my attorney advises me to file for H1 transfer for work authorization. I am not sure what grounds for H1 it can be? I-140 (approved for the current employer and therefore not looking promising) or pending I-485 or none at all? Is my attorney confused?

 

[armie]

I am on H1 (more than 6 years) and have my 485 pending for long time. I am going to change employers soon. Am I eligible for filing H1 with the new employer?

Yes, you can file H1 even after you used EAD. But most employers will want to pay for H1 if you have EAD.

 

[overWait]

I am on H1 (more than 6 years) and have my 485 pending for long time. I am going to change employers soon. Am I eligible for filing H1 with the new employer?

I have EAD, but my attorney advises me to file for H1 transfer for work authorization. I am not sure what grounds for H1 it can be? I-140 (approved for the current employer and therefore not looking promising) or pending I-485 or none at all? Is my attorney confused?

Well...you can file for H1 Ext. with your current employer but I am not sure if H1 transfer works on 7th Year Extention. Suely you can change your job on EAD.

I would advise you to take an appointment with an immigration lawyer and get it clarified before making any move. Or you can also try writing to Rajiv Khanna or Muthy. See if they reply back.

 

[armie]

Well...you can file for H1 Ext. with your current employer but I am not sure if H1 transfer works on 7th Year Extention.

You can keep extending/transferring your H1 as long as you have LC/485 pending with ANY employer in excess of one year before completing 6th year on H1.