H1 transfer and re-entering US using AP/H1

E

everonh1

Registered Users (C)
Here is my situation:-
I-485 filed-waiting for EAD.Have 8th year H1 upto 2010. Say I change to a new Company and transfer H1,then below Qs:-

1. Can I transfer H1 to new Company even if H1 is 8th year extension?
2. Can I re-enter US using AP(without VISA Stamp and only new H1 transfer Notice) and still keep H1 status(read somewhere in this forum that I can-but want to confirm?)
3. Can I re-enter US using old H1 Visa Stamp and new H1 transfer Notice without using AP? (If yes,is this risky-any experiences?)

Thanks in advance for ur replies,
everonh1
 
1. Yes - with possible impact on GC processing (as per situation)
2. Possibly no - anyone with experience would like to add?
3. Yes, but the new I-94 issued at the port entry will be upto the validity period in your passport.
 
Thanks manwithnoname for replying - appreciate that.
Any experiences at Port of Entry(POE) for Scenario 3 above?
 
At the POE the visa officer will issue the I-94 that's usualy valid till the H-1B visa stamped on your passport. This generally overrides any newer approval notices. So in this case you need a new EAD.

On the other hand if you get your new H-1B stamped at a consulate abroad, you will get the I-94 that will honor the new H-1B. That's my understanding.
 
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At the POE the visa officer will issue the I-94 that's valid till the validity of latest H-1B visa Approval notice not the VISA stamp on your passport. Visa Stamp on passport may be from the visa from previous employers and in between you may have changed several employer and H1B so if you have different H1B validity than H1B stamp then they need to look at that.

I did it 4 time, I changed my first employer within few months after enterig US, by the time I traveled to India first time I was with my third employer and third H1B but same visa stamp in passport, every time I travelled I received I-94 validity till the latest Visa approval.

FYI: once by mistake visa officer at POE gave me I-94 date till the validity of visa stamp and to my wife till the latest visa, I verified it right there and told this to the officer he said "sorry" and changed I-94 validity date to match latest H1B approval.

Hope this helps
 
Thanks KGP for your reply.
I had heard from a friend of mine that he had to go to "Secondary" because he did not have VISA stamped for new H1 approval he had,but old visa was valid and not expired.
"Secondary" also does not matter as long as it is legal.
Cool.So looks like as long you have a valid visa stamp which has not expired when you re-enter US and H1 approval notice for your new Company,you should be fine.

Looking at your PD of 2001,man you have waited real long-hope your GC gets approved soon!!all the best!!
May be you should try "Writ of Mandamus". You might have seen this,but in case you have not,check this out:-
http://www.immigrationportal.com/showthread.php?t=263859
 
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