H1 or EAD for new employment

L

lkianbe

Registered Users (C)
Hi,
Here is my situation.

- Concurrent filed in Dec 02
- I140 approved in April 03
- I485 pending
- AP and EAD approved (May 03)
- H1 expired in June 03, and renewal is pending (current employer)

Questions:
1) Do I apply H1 or should I use EAD if I change my job(employer)? What are the consequences?

2) Is it better to wait until my current pending H1 is approved before I change job?

3) Will my salary for the new job have anything to do with my pending I485?

4) Does the new employer need to do anything regarding my GC process when they hire me?

5) What is the proper process(e.g. notify BCIS, etc) if I get a job with new company?

6) What are the consequences of using AP for re-entry? How does it affect my GC process and H1? Should I use H1?

I appreciate your advices for my questions.

Thanks.
lkianbe
 
Hi,
Here is my situation.

- Concurrent filed in Dec 02
- I140 approved in April 03
- I485 pending
- AP and EAD approved (May 03)
- H1 expired in June 03, and renewal is pending (current employer)
----- ----you seem to be qualified for AC21
Questions:
1) Do I apply H1 or should I use EAD if I change my job(employer)? What are the consequences?
---- Better join by H1 transfer because if due to any reason I-485 is denied you will have status to work, it all depends what way you chose you can also join by EAD and you may have to enter US after trip with AP
2) Is it better to wait until my current pending H1 is approved before I change job?
-------- Yes
3) Will my salary for the new job have anything to do with my pending I485?
---- If you want to use AC21 according to recent BCIS Memo it does not say about salary issue you should read the AC21 Memo:
http://www.lianglaw.com/INS/2003/081103-485-180days.pdf

4) Does the new employer need to do anything regarding my GC process when they hire me?
---- They should be ready to give you a letter for future permanent job offer and should provide Company financial documents if BCIS asks, job should be same/similar better keep the same job title as on approved LC from past employer
5) What is the proper process (e.g. notify BCIS, etc) if I get a job with new company?
--- Hire a lawyer he will prepare the documents and send it to BCIS, try to get copy of approved LC so that lawyer can match your skills for same/similar job

6) what are the consequences of using AP for re-entry? How does it affect my GC process and H1? Should I use H1?
--- If use H1 stamp for entry no wait at POE, if use AP then you will be taken to secondary inspection at POE and expect the delay after jet leg of 25-30 minutes and it depends on particular airport how much time they take for secondary inspection
 
ginnu,

First of all, thanks for your advice.

Since the BCSIS memo does not mention about salary issue, is it safe to assume that the salary for new job can be lower than of the LC?

I have heard that if I use AP for re-entry, I will lose my H1 status. Is that true? But I have also read some guy in the forum mentioned that H1 status will be still valid after using AP for re-entry. I am confused.

thanks
lkianbe
 
Since the BCSIS memo does not mention about salary issue, is it safe to assume that the salary for new job can be lower than of the LC?
---------- You have to believe BCIS Memo and it does not say anything for Salary
I have heard that if I use AP for re-entry, I will lose my H1 status. Is that true? But I have also read some guy in the forum mentioned that H1 status will be still valid after using AP for re-entry. I am confused.
-------------- You can be on H1 status if use AP and work with the same employer who holds H1
Read Below in details all the sites or take printout for future reference:

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.htm
 
Just want to make sure I understand it correctly.

While my I485 is still pending (over 180 from RD):

If I get a H1 (no stamp) for a new job, and I travel with the AP (that I applied and has been approved while I was still at the old job), my H1 (no stamp) for the new job is still valid when I return. In other words, it does not affect my new H1 at all eventhough if the I485 is later denied.

Is it right?

Thanks.
 
Thanks for your response.

If this true, what is the purpose of getting the H1 stamped at the first place?

How about if I travel with AP while the H1 application is still pending? Will the pending H1 be considered abandoned?

I have just talked to my attoney, he said H1(non-immigratant status) will be invalid once AP(parolee) is used for re-entry. Is he wrong? I am confused.
 
If this true, what is the purpose of getting the H1 stamped at the first place?
--- if anything goes wrong with your I-485 you can stay/work on H1 status
How about if I travel with AP while the H1 application is still pending? Will the pending H1 be considered abandoned

-----NO, only change of status is abandoned not the extension of status in same status

I have just talked to my attoney, he said H1(non-immigratant status) will be invalid once AP(parolee) is used for re-entry. Is he wrong? I am confused
---- Your attorney is wrong he just know how to fill up the forms, give him the print out of INS/BCIS Memo posted in above thread and change the attorney who provides wrong info and ask your fees back
 
ginnu,

thanks for your response.

" If this true, what is the purpose of getting the H1 stamped at the first place?
--- if anything goes wrong with your I-485 you can stay/work on H1 status "


That's correct, but I can still stay/work on H1 status even though my H1 is not stamped, so why do I have to get it stamped?

Thanks.
 
"That's correct, but I can still stay/work on H1 status even though my H1 is not stamped, so why do I have to get it stamped?"

----You are correct, nobody is forcing you to get H1visa stamped in passport, you can stay and work
 
"Q: ....I have just talked to my attoney, he said H1(non-immigratant status) will be invalid once AP(parolee) is used for re-entry. Is he wrong? I am confused
A: ---- Your attorney is wrong he just know how to fill up the forms, give him the print out of INS/BCIS Memo posted in above thread and change the attorney who provides wrong info and ask your fees back....."


I couldn't find something in BCIS memo that refers anything about the AP re-entry vs. valid/or invalid H1-B. Can you point me to the section within the memo that mention about this issue?

Thanks.
 
This is interesting because I am pretty sure that you still maintain your H1 status as we can read on all those different websites.

You said that your lawyer said that you will loose H1 if re-entered on AP. Your lawyer is not the only one. My friend's lawyer also told the same thing last week.

I am not sure how old is the BCIS memo, and if they recently changed the rule for H1 and AP!

Has anyone else out there asked their lawyer recently if we still maintain H1 status even upon re-entry on AP? Please let us know, I would greatly apprecite it.

Following links has info that we still maintain H1 status even upon re-enter on AP, but two lawyers said that we don't, now the lawyers can be idiots and stupid, but they can be right too, it would be nice to get feedback from more lawyers.

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.htm
 
Lkianbe:

Your lawyer is wrong one can be on H1 status if he has H1 and enter on AP but EAD not used. He can also extend H1 in future.

My friend is on H1 (I-485 filed, pending) entered on AP is working on H1 status with the employer and recently got H1 extended after entering on AP and got new I-94 attached with H1 approval notice with H1 status.

The entire above-posted MEMO are still effective the rules were changed in 1999
If you are still confused seek the advice of other good lawyer, I don’t believe your lawyer.
this is my last post to your questions regarding AP, H1 status
 
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