H1B / EAD related questions

H

H1Advice

Registered Users (C)
Hi,

I was not sure where to post this question, so posting here. If I am at the wrong forum, please let me know so I can repost it at the right forum.

Here is the situation I am in:

I have my H1B until march 2010 (I cam on H4 in 2001, got my H1 in 2003, so this would be an extended H1B due to my GC process). I work for a consulting company that holds my H1B and thru whom I have my GC process too. I am past the Labor, I-140 (both approved) and have EAD too. EAD I got in 2007 which I extended in 2008 for 2 years, until 2010 September. Now my client that I work with want to take me on full-time employment, since they want to cut down contractors. Here are my questions related to the dilemma:

1) Can I move to a new employer now?
2) If so, can I use my H1B with my new employer and still continue with my GC process with the new company?
3) Or should I have to forego my H1B and use my EAD by filing for AC21?
4) I am plannign to get married this year. A few questions related to that:

a) If I end up using my EAD and move to the current client as an employee, would that affect if I marry a citizen? I mean can I still file for a GC (EAD)with my husband who would be a citizen? Or can I not?
b) If I end up using my EAD and move to the current client as an employee, would that affect if I marry a GC holder? I mean can I still file for a GC (EAD) with my husband who is already a GC holder? Or can I not?
c) If I want to marry a Citizen or a GC holder, do I have to be on H1B itself? Can I use my EAD?

I am totally confused and tensed up at the situation that I am in. Please advice.

Thanks in advance!!!!

Bye,
H1Advice
 
H1Advice said:
Hi,

I was not sure where to post this question, so posting here. If I am at the wrong forum, please let me know so I can repost it at the right forum.

Here is the situation I am in:

I have my H1B until march 2010 (I cam on H4 in 2001, got my H1 in 2003, so this would be an extended H1B due to my GC process). I work for a consulting company that holds my H1B and thru whom I have my GC process too. I am past the Labor, I-140 (both approved) and have EAD too. EAD I got in 2007 which I extended in 2008 for 2 years, until 2010 September. Now my client that I work with want to take me on full-time employment, since they want to cut down contractors. Here are my questions related to the dilemma:

1) Can I move to a new employer now? Yes
2) If so, can I use my H1B with my new employer and still continue with my GC process with the new company? I think you can transfer H1.
3) Or should I have to forego my H1B and use my EAD by filing for AC21? AC21 has nothing to do with EAD or H1, but yes, that's another option.
4) I am plannign to get married this year. A few questions related to that:

a) If I end up using my EAD and move to the current client as an employee, would that affect if I marry a citizen? I mean can I still file for a GC (EAD)with my husband who would be a citizen? Or can I not? No issue.
b) If I end up using my EAD and move to the current client as an employee, would that affect if I marry a GC holder? I mean can I still file for a GC (EAD) with my husband who is already a GC holder? Or can I not? No issue.
c) If I want to marry a Citizen or a GC holder, do I have to be on H1B itself? Can I use my EAD? You have I485 pending, and I presume you are eligible to AC21. No need to be on H1 status, but you just need a job offer which satisfies AC21 requirement.

I am totally confused and tensed up at the situation that I am in. Please advice.

Thanks in advance!!!!

Bye,
H1Advice
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