h1 --> Tn | what to do to go back to h1

[Byteless]

I was wondering if someone can resolve the following:

1. I won the lotter for H1 in 2007, received the I-94 approval notice in May2007 stating that the H1 will be active from Sep, 2007
2. in August 2007 I changed the employer with another TN to work in Company B.
3. in Feb 2008 I got another TN for Company B.
4. In October I filled 485 with company B approved 140
5. now if I get laid off what options I have.

Can I go back to H1? ofcourse not eligible for TN.
If I get EAD before (or after laid off) can I work for another employer if company B agree not to revoke their 140?
If I need to get back to H1, anyway to do it without going to the lottery?
Should I talk to Company A to re-hire me, as I already have their H1(i-94)? I still have good relationship with them.

please advise.

 

[nelsona]

If you had worked even one day with Company A, I would unequivocally state that you could work anywhere on H1 (either today with Company A, or within a week with any other firm the instant they submit an I-129 for you.) Once you are h1, you can work at least 6 years without any problems, and use portabilty from AC21 to start 'immediately' upon submission of i-129.

Now, the fact that you never activated your H1 might be problematic. A quick post on the H1 board might yield you a better answer. One problem Company A faces is that they have not complied with their requirement to notify CIS that you did not come to them as an H1 back in October 2007. I'm not sure if never having become H1 grants you the same rights as an H1-holder. Just don't know.

As to your other option, until 180 days have past since you submitted I-485, you are at the mercy of your current sponsor. Should they decide not to continue sponsoring you, they can pull your I-140, and you I-485 and even your EAD (whether or not approved)dies right then. After 180 days, your old sponsor can do nothing to harm your I-485, by AC21. You would however need to find another sponsor should CIS send an RFE to determine if your case is still viable.


So, as you hinted, you need to keep both A and B happy until you pass the 180 day mark, and then you can even jump to B (using either EAD or perhaps H1) and have them sponsor the final stages of your I-485 (if that isn't approved by then).