H1 transfer still an option after using EAD?

i12NO

Registered Users (C)
Hi Friends,

My EAD expires next week and the renewal application is pending at VSC. So, I am trying to see if there are any alternatives.

My H1B with prior company was never withdrawn. I joined the current employer 3 months ago on EAD invoking AC21. Can I try for H1 transfer now?

Thanks for your help.
 
i12NO said:
Hi Friends,

My EAD expires next week and the renewal application is pending at VSC. So, I am trying to see if there are any alternatives.

My H1B with prior company was never withdrawn. I joined the current employer 3 months ago on EAD invoking AC21.
Can I try for H1 transfer now?
--------- you have used EAD and you are NOT on H1 status. for H1 extension or for H1 transfer you need to be on H1 status. you need valid EAD for work and will need AP to enter US if you go out.
Thanks for your help.
 
ginnu said:
you have used EAD and you are NOT on H1 status. for H1 extension or for H1 transfer you need to be on H1 status. you need valid EAD for work and will need AP to enter US if you go out.

ginnu, there's nothing preventing the new employer for filing an H-1 petition on his behalf; he just needs to leave and re-enter the US to return to H-1 status.
 
TheRealCanadian said:
ginnu, there's nothing preventing the new employer for filing an H-1 petition on his behalf; he just needs to leave and re-enter the US to return to H-1 status.

poster said: H1 transfer still an option after using EAD?
My reply was that TRANSFER is not possible as he is not on H1 status

* you are correct that employer can file new H1 petition and once approved the person need to go out then H1 visa stamp then enter on H1 status
 
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