H1-B transfer while working on EAD

[needgchelp]

I joined company A after getting my EAD, I-140 approved, filed by same company. Since I joined company A after getting EAD my H1 status is not valid I guess(company A doesn't hold my H1)? After reading lot of threads in teh forum after seeing lot of people's advise to keep H1 status alive despite of having EAD, can I have current employer (company A) apply for H1-B transfer for me? Can he apply for H1-B transfer for me and will that be valid status if I switch to H1 from EAD? Or do I need to have him file new H1 for me?

Before switching to company A, I was working for company B, for which I have a valid H1 until mid of 2006. If I invoke AC-21 to join company B again, since company B already has my H1. Can I join company B on H1 again?

what's the best scenario here for me to keep H1 status alive though I am working on EAD since last 6 months.

 

[pralay]

can I have current employer (company A) apply for H1-B transfer for me? Can he apply for H1-B transfer for me and will that be valid status if I switch to H1 from EAD? Or do I need to have him file new H1 for me?

You can switch to H1 with company B, but that will be a new H1, not a transfer.

Before switching to company A, I was working for company B, for which I have a valid H1 until mid of 2006. If I invoke AC-21 to join company B again, since company B already has my H1. Can I join company B on H1 again?

If company A's H1 (I-129) is still valid, you can join with EAD, but later change the status to H1 by filing I-539. You will get a new I-94 (of H1 status) with I-539 approval notice.

what's the best scenario here for me to keep H1 status alive though I am working on EAD since last 6 months.

It's safer to have H1 status, but not having it is not end of the world. Stick/move to the company that is better (i.e. stable job, better-salary etc).

 

[needgchelp]

Thanks for the reply pralay.

So just to reiterate what you said: I can invoke AC21 to go back to company B (who already has my valid H1 until mid of next year) but you said they will have to file new H1 in that case since currently I am using EAD to work with company A who filed my GC. In this scenario (moving to company B with new H1), do I have to go out of US to get H1 stamped on my passport or I am fine w/o stamping? I guess since I am in AOS I can live w/o passport stamping of new H1?

 

[needgchelp]

My above reply anticipates that I will join new company using AC21 but with new H1 and not EAD. And there is no way I can join them with my existing H1 visa, which company already(I was working for that same company before switching to current company) has valid for another year since I am working on EAD since last 6 months?