H1->EAD->H-1 ??

simpleguy

Registered Users (C)
Hello Friends,
My wife was working with a company on a new H-1 but a recently her company shut itself down laying off all the employees. Due to the tight market, my wife did find a new company in a month\'s time frame, but had to use her EAD (got thru my 485 application) rather than requesting for a H-1 transfer for obvious reasons (the new company doesn\'t encourage H-1\'s).
In the unlikely denial of my 485, can she get back to H-1 status as her EAD will be void after our 485 denial? If so, will it be a new H-1 or will it be a H-1 to H-1 transfer? Since her previous company closed itself out, do we have to be proactive and inform INS about her H-1 invalidity? Or do we just keep quiet and wait for our 485 process outcome and then act?

Please advise.

thanks -- simpleguy
 
No Title

As far as I know, it will be a new h1 subject to quota limits. Secondly, you cannot change status (EAD to H1) in the US. So she will have to travel outside the country and get H1 stamped.

Good luck
 
No Title

When you use the EAD the first time, it over-rides the H1B. You don\'t need to inform the INS about it.
 
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