H1B after using EAD, possible?

C

ckinnj

Registered Users (C)
Hi,

I am currently in H1-B. I am in my 6th year of H1-B and it is valid until July 14, 2009. My I-485 is pending and I have an EAD and AP. I have applied for my second EAD extension (as my first one including AP will expire in October 2008).

My questions are
1) If I switch my employer and job now and the new employer is not willing to sponsor my H1-B, can I go on EAD? In this case, will it invalidate my H1-B? Can my current employer cancel my H1-B, when I leave them?

2) If as in question 1 I use my EAD, and later again I either switch job or employer or the same employer be willing to sponsor my H1-B at a later date, can I get back on H1-B? If so, how many years will I have on my H1-B? In this case, will it invalidate my pending I-485, EAD and AP?

3) What are the things that I should be cautious about when switching back to H1-B from EAD?

4) Reg. AC-21 portability rule: Can someone point me to a web address where I can find list of jobs that are portable and comes under the same classification for AC21? When I met with an Infopass officer, he asked me to look into www.dol.gov website but I cannot find any. (I am currently working as a Software Developer/Project Lead and I am looking for a career change to Product Manager/Business Analyst. I will be completing my MBA soon. So, can I use my new degree to my advantage and still use AC21 potability rule?)

Thanks in advance for all your replies and help. I very much appreciate it,
 
ckinnj said:
Hi,

I am currently in H1-B. I am in my 6th year of H1-B and it is valid until July 14, 2009. My I-485 is pending and I have an EAD and AP. I have applied for my second EAD extension (as my first one including AP will expire in October 2008).

My questions are
1) If I switch my employer and job now and the new employer is not willing to sponsor my H1-B, can I go on EAD? In this case, will it invalidate my H1-B? Can my current employer cancel my H1-B, when I leave them?

2) If as in question 1 I use my EAD, and later again I either switch job or employer or the same employer be willing to sponsor my H1-B at a later date, can I get back on H1-B? If so, how many years will I have on my H1-B? In this case, will it invalidate my pending I-485, EAD and AP?

3) What are the things that I should be cautious about when switching back to H1-B from EAD?

4) Reg. AC-21 portability rule: Can someone point me to a web address where I can find list of jobs that are portable and comes under the same classification for AC21? When I met with an Infopass officer, he asked me to look into www.dol.gov website but I cannot find any. (I am currently working as a Software Developer/Project Lead and I am looking for a career change to Product Manager/Business Analyst. I will be completing my MBA soon. So, can I use my new degree to my advantage and still use AC21 potability rule?)

Thanks in advance for all your replies and help. I very much appreciate it,
Click to expand...

Post the info:
I-140 approved or not
I-485 filing date and year
 
Hi ginnu

* My I140 was Approved in June 18, 2007
* I485 filing date and year - August 3, 2007
* Notice Date from USCIS for I-485 - October 11, 2007 (as my employer's attorney filed in the wrong place, it was rerouted to a different center and took about 2 months from date of filing to receive the notice from USCIS).

I look forward to hearing from you. Thanks much.
 
ckinnj said:
Hi,

I am currently in H1-B. I am in my 6th year of H1-B and it is valid until July 14, 2009. My I-485 is pending and I have an EAD and AP. I have applied for my second EAD extension (as my first one including AP will expire in October 2008).

My questions are
1) If I switch my employer and job now and the new employer is not willing to sponsor my H1-B, can I go on EAD?
----------------------------Yes you can use EAD
In this case, will it invalidate my H1-B?
------------------------once you use EAD you will not be on H1 status
Can my current employer cancel my H1-B, when I leave them?
-----Yes, he can by writing to USCIS
2) If as in question 1 I use my EAD, and later again I either switch job or employer or the same employer be willing to sponsor my H1-B at a later date, can I get back on H1-B?
-----------------------if H1 is expired and you are not on H1 status then it is not possible to file H1 extension
If so, how many years will I have on my H1-B?

In this case, will it invalidate my pending I-485, EAD and AP?
--I-485,EAD , AP is not based on H1 status. EAD, AP are based on Pending I-485 and I-484 is based on I-140
3) What are the things that I should be cautious about when switching back to H1-B from EAD?

4) Reg. AC-21 portability rule: Can someone point me to a web address where I can find list of jobs that are portable and comes under the same classification for AC21?
------------you just need letter from new employer with same/similar job duties and permanent job offer. you can search for "AC21 Memo"

When I met with an Infopass officer, he asked me to look into www.dol.gov website but I cannot find any.
------------------wrong info
(I am currently working as a Software Developer/Project Lead and I am looking for a career change to Product Manager/Business Analyst. I will be completing my MBA soon. So, can I use my new degree to my advantage and still use AC21 potability rule?)
------------------------------job duties need to be same/similar on job offer for AC21
Thanks in advance for all your replies and help. I very much appreciate it,
Click to expand...
--------------
 
Hi Ginnu

Thank you very much.. Just a clarification on your answer to my 2nd question.

In case I switch now and I will still have 11 months of H1-B left over. In that case, Can I come back in H1-B later provided
a) My employer cancels my current H1-B?
b) My employer does not cancel my current H1-B, but I used my EAD?

Thanks again.
 
ckinnj said:
Hi Ginnu

Thank you very much.. Just a clarification on your answer to my 2nd question.

In case I switch now and I will still have 11 months of H1-B left over. In that case, Can I come back in H1-B later provided
a) My employer cancels my current H1-B?
---------------------if employer writes to USCIS to revoke your H1 then it will be problem.
b) My employer does not cancel my current H1-B, but I used my EAD?
--------------------you will not be on H1 status as you will use EAD but if you have H1 Visa stamp or get H1 stamp then again you can enter on H1 status. If you have H1 stamp based on H1 approval of A and are going to work with B after Entry to US then dont do it. If you have H1 stamp based on A H1 approval But you have H1 transfer approval of B in hand then at POE show valid H1 stamp in passport AND H1 transfer approval of B.
If you go out and H1 stamp is expired and you have B H1 transfer then get H1 Visa stamp based on B H1 transfer approval notice
Thanks again.
Click to expand...

Best Option to join new employer with H1 transfer. New employer file H1 Transfer and you get reciept of H1 transfer filing and join new employer.
 
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