H1 or EAD

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Powers

New Member
Hi Guys..
Here is the situation. I am on H1B and working for Employer A. A filed for my GC. Got my I140 approved and got my EAD and AP also approved. Its more than 180 days that my I485 was pending and so I am eligible for AC21. Now Employer B has offered me good job and I will be changing my job in a month. Is is possible for me to work for B with a H1 transfer ? Or should I use my EAD while joining B ? Until now, I have not used my EAD.

Thanks
powers...
 
Powers said:
Hi Guys..
Here is the situation.
I am on H1B and working for Employer A.
A filed for my GC. Got my I140 approved and got my EAD and AP also approved.
Its more than 180 days that my I485 was pending and so I am eligible for AC21.
--------------that is correct
Now Employer B has offered me good job and I will be changing my job in a month.
Is is possible for me to work for B with a H1 transfer ?
------------------------ YES, let the Employer B file H1 trasfer petition and once you get filing reciept from USCIS you can join B
Or should I use my EAD while joining B ?
-------------- better join with H1 trasfer
Until now, I have not used my EAD.
------------- if possible dont use EAD and maintain H1 status becase H1 is good back up.


Thanks
powers...
Click to expand...
 
Ginnu, UnitedNations, related question....

I had used AC21 and switched my job 4 months ago ( after I140 approval and 180 + days of I-485 pending ). Meaning, currently working with my EAD.

The company for which I am working is probably going to go belly up. We were told they are looking for some investors to finance the company, if they cant find any, they can only survive until Nov 05. Now thats putting me under tremendous pressure.. what do i do now ? I had already switched job once with AC21, i know i can again, but if i lose my job abruptly,
1. within how many days I should find another job?
2. should that job be in same or similar area of expertise or can i work in some gas station temporarily until I find a suitable job ?
3. what if I apply for H1B now ? will that help ? I am in EB3 so it may take forever to get my 485 approved.

Any help greatly appreciated.
Thanks,
 
1victim said:
I had used AC21 and switched my job 4 months ago ( after I140 approval and 180 + days of I-485 pending ). Meaning, currently working with my EAD.

The company for which I am working is probably going to go belly up. We were told they are looking for some investors to finance the company, if they cant find any, they can only survive until Nov 05. Now thats putting me under tremendous pressure.. what do i do now ?
---------------------- find new employer/job and again update USCIS with new employer letter to invoke AC21, one can file AC21 more than one time. USCIS is going to look at recent letter to invoke AC21

I had already switched job once with AC21, i know i can again, but if i lose my job abruptly,
1. within how many days I should find another job?
---------------- better BEFORE I-485 gets approved if you want to invoke AC21, new job offer has to be at the time I-485 is approved
2. should that job be in same or similar area
---------------------YES
of expertise
or can i work in some gas station temporarily until I find a suitable job ?
----------------- gas station job is NOT same/ similar job to invoke AC21
3. what if I apply for H1B now ?
--------------- you cant extend H1 as you are working on EAD
will that help ?
I am in EB3 so it may take forever to get my 485 approved.
-------------- if EB3 and belong to India, China then I dont think your I-485 will get approved before October 2005(I DONT KNOW YOUR PD) many lawyers guess is that for India EB3 may not be current after October 2005, nobody can predict how the PD for EB3 is ging to move after October 2005

Any help greatly appreciated.
Thanks,
Click to expand...
 
H1 or EAD: Contradicts Ginnu's Reply

Hi Guys :

I completely understand Ginnu's reply for my question regarding whether I should switch to EAD or continue to be on H1B (by getting my H1B transferred to the new company). But, today I talked to one of my friends and he said that the basic requirement for invoking AC21 is that I should switch to EAD. Until now, I am with company A and on H1B(even though I have a valid EAD, I didn't used it).

I am switching to company B (using AC21) and they are hiring me by a H1 transfer.

Ginnu said that using H1 to change companies is a good back up. In what sense, it is a good backup ? What are the benefits of being on H1 to using EAD ? Little explanation with an example would clear my doubts.

Thanks for your help.
powers
 
Powers said:
Hi Guys :

I completely understand Ginnu's reply for my question regarding whether I should switch to EAD or continue to be on H1B (by getting my H1B transferred to the new company).

But, today I talked to one of my friends and he said that the basic requirement for invoking AC21 is that I should switch to EAD.
-------------- your friend is giving you wrong info. AC21 is used for future permanent job. H1 or EAD is needed to work before GC

Until now, I am with company A and on H1B(even though I have a valid EAD, I didn't used it).
I am switching to company B (using AC21) and they are hiring me by a H1 transfer.
-------------- H1 trasfer and to be on H1 is good back up
Ginnu said that using H1 to change companies is a good back up. In what sense, it is a good backup ?
---------- if your I-485 gets denied due to any reason then EAD, AP all get denied. if you have h1 status you can stay and work till H1 validity. other option to remain on H1 is to bring spouse on H4
What are the benefits of being on H1 to using EAD ? Little explanation with an example would clear my doubts.

Thanks for your help.
powers
Click to expand...
 
Ginnu, here is one for you

Ginnu
Your answers are good and here is my question. I have EAD, parole, H1 valid till Nov 06. My wife came to USA on H4, now has EAD and Parole and working parttime.

If I change employer, which is good? H1 or AC21. Can I transfer H1 and my wife work on EAD ?

Appriciate your help.
 
waiting4mygc said:
Ginnu
Your answers are good and here is my question. I have EAD, parole, H1 valid till Nov 06. My wife came to USA on H4, now has EAD and Parole and working parttime.
-------------- your wife is not on H4 status as she is using EAD
If I change employer, which is good? H1 or AC21.
----------------- H1 has nothing to do with AC21. AC21 is used for pending I-485 to be approved for new employer, better join new employer with H1 trasfer and use AC21 for the pending I-485.
Can I transfer H1 and my wife work on EAD ?
-----------------YES ( spouse has nothing to do with AC21) but if your wife want to go out better get AP before going out of US so that she can enter on AP. She can again be on H4 if she gets H4 visa stamp(based on your H1 status) or has valid H4 stamp and enters US with H4 stamp, she will get I-94 based on H4
Appriciate your help.
Click to expand...
 
Ginnu the gunshot

Thanks Ginnu your answers are like silver bullets.

So if my wife wants to renew her EAD, for the column Current Status, she should be specifying H4 or EAD. I think she should mention as EAD as she entered into USA using H4 and didnt go out. Am I correct ?

How does USCIS knows whether my wife has started working using EAD or not.

If the EAD has expired, and the petition for renewing EAD is pending, can she continue to work(assume 90 days has not passed after filing to get temporary EAD)

I will consider about transfering H1 to new employer instead of invoking AC21 or using EAD. As my 6year term is approacing, my new employer can file H1 based on approved I140 or pending I485. Is that correct.
 
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