H1 to EAD & H1 Extension

D

deluser

Registered Users (C)
My current staus is in H1B (expiring Sep 30th 2010) and my 6year tenure will be completing by April 2011. I have also applied for AOS in August 2007 and have a valid EAD and AP.

My current company is planning to put an application for my H1 extension by July 2010.

My questions:

1) If I am not able to get my H1 extension from my current employer can I use my EAD with the sister company of my current employer from October 2010 ?

2) Do I need to file the AC21 with the sister company ?

3) If I am using the EAD, what job duties do I need to perform based on the C-9 category ? Or can do any kind of job ?

4) In the mean time if my AOS is denied, do I get an H1 extension for only 7 months (i.e April 2011) ?

Thank you in advance...

PD is March 25th 2005 - EB2 - India
 
deluser said:
My current staus is in H1B (expiring Sep 30th 2010) and my 6year tenure will be completing by April 2011. I have also applied for AOS in August 2007 and have a valid EAD and AP.

My current company is planning to put an application for my H1 extension by July 2010.
---------------------that is good for you.
My questions:

1) If I am not able to get my H1 extension from my current employer can I use my EAD with the sister company of my current employer from October 2010 ?
--------------- your LC and I-485 are filed by A and you filed I-485. you want to work on EAD with company B. you CAN work on EAD with B.[/B]the day you use EAD with A or B or C you will NOT be on H1 status.
2) Do I need to file the AC21 with the sister company ?
-------if working with B on EAD you should file AC21 as B has not filed your I-140. make sure you are eligible for AC21(I-485 pending more than 180 days and I-140 is approved)
3) If I am using the EAD, what job duties do I need to perform based on the C-9 category ? Or can do any kind of job ?
------Please rewrite the question. FYI GC is for future job EAD or H1 is for present job.

4) In the mean time if my AOS is denied, do I get an H1 extension for only 7 months (i.e April 2011) ?
----------why do you think your AOS will get denied? any reasons? your employer can get H1 for 3 years if I-140 is approved and ask for 3 years and lawyer submit LCA for 3 years. you should ask this question to your employer or lawyer who is going to file your H1 extensin.

Thank you in advance...

PD is March 25th 2005 - EB2 - India
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You earlier posted that your spouse I-485 may be denied and now you post your I-485 may be denied? What is the reason behind this? Why you expect USCIS to deny your spouse I-485 and your I-485? Do you have any violations? Any fake documents submitted? If not then why you are worried?
 
Thank you for your response for Questions 1 and 2.

Questions # 3 - Currently I am on H1B and working as a Programmer Analyst. If I want to use my EAD do I need to work in the same field i.e Programmer Analyst for a different company or the current company ?

Questions # 4 - My current employer is ready to file a new LCA for 3yrs, but these days becz of the market conditions and new rules and regulations there are lots of RFE's and denied cases for H!B and also for AOS. That was the reason I was asking if something happens to my AOS, do I still get 3yrs or only the left over period of my H1B ?
 
deluser said:
Thank you for your response for Questions 1 and 2.

Questions # 3 - Currently I am on H1B and working as a Programmer Analyst. If I want to use my EAD do I need to work in the same field i.e Programmer Analyst for a different company or the current company ?
-------- current job is based on LCA filed with H1 B. GC is for future job after GC gets approved. you can work with present employer with EAD asProgrammer Analyst and new employer job title can be Different but job duties on job offer letter to invoke AC21 should be same/similar as on your LC. USCIS care more about job duties for AC21.

Questions # 4 - My current employer is ready to file a new LCA for 3yrs, but these days becz of the market conditions and new rules and regulations there are lots of RFE's and denied cases for H!B and also for AOS. That was the reason I was asking if something happens to my AOS, do I still get 3yrs or only the left over period of my H1B ?
---one can get 3 year H1 extension if I-140 is approved and employer asks for 3 years and submit LCA for 3 years.H1 has nothing to do with AOS or I-485 Both are different petitions. You are correct that consulting companies are getting RFE for H1 extensions. AOS has nothing to do with H1 denial. AOS denial can be due to other reasons.
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