H1B to EAD and back to H1B

[sonupv]

Please Help Gurus

I am currently on H1B which will expire in June 2006.Can i switch to EAD after my H1B expires for sometime and then get back on H1B thru a new employer.I will complete 3 yrs of my H1B in June 2006.So i still have three more yrs to go.Will I be counted in H1B cap if i use EAD in between for sometime.Will it be difficult to get on H1B if there is a gap in renewal time.

 

[LCSilence]

Yes, you can. But you will get a new H-1B (subject to the annual quota etc)

 

[kesab]

EAD to H1 and Back under same employer

Hi Unitednations and others...your comments are really going to help me..Kindly bear with me for this long question:
I am on 4th year H1. I am going to accept another job with the same employer. As per your comment I can work on the new job temporarily with my EAD and then pursure them to apply H1, right?

And I am not going to be covered under CAP too?

1. Now, while filling out the I-129 petition for H1, in Part 2, Number 2, which box should I check:
2(c) Change in previpously approved employment, or
2(f) Amended petition?

2. Also, in Part 2. Number 5: Requested Action, should I check 5(d): Amend petition?

thanks thanks

 

[sonupv]

You would be cap exempt if you were counted once against the cap in the last six year and have not resided outside the country for more then one year.

You can change to another manner to stay here legally such as AOS/EAD. However, you would have to get back onto h-1b before six years is exhausted from the time you were first counted against the cap. You would be required to go outside the country and get a visa stamp if it is expired and then re-enter.

Thank you for your help.
I have one more question
You said that If i get back on H1B after using EAD for a few months,i need to go for visa stamp. Can I use AP to re-enter USA rather than getting my H1b stamped.Can i be on H1B and still use AP to enter the country.Will using AP change my status.

 

[perm_faq]

What if, you have Valid H1B Visa Stamp (not expired) and EAD both?

Scenario: It should be OKAY to work for the employer (who filed greencard) on H1B status and use EAD for part time, and continue ... until H1B requires renewal. At that time apply for H1B extension [Meaning, I-94 extension]. In the mean time If your VISA stamp in passport expires, you would only need to get it stamped again on your next overseas travel. Otherwise, your current H1B extension approval from USCIS is sufficient to validate that you are "maintaining H1B status" during your stay. Also, please note that H1B recognises "dual intent" nature.

* That way, it is possible to maintain H1B status, while working part time on EAD.
* Remember, VISA is needed to enter the country. If its expired you need to renew it overseas, with your current H1B exension letter. Otherwise, you need AP to re-enter the country.

Folks, please share your thoughts!

 

[perm_faq]

Kesab,

Look at my earlier message. Hope it is addressing many of your concerns!

Hi Unitednations and others...your comments are really going to help me..Kindly bear with me for this long question:
I am on 4th year H1. I am going to accept another job with the same employer. As per your comment I can work on the new job temporarily with my EAD and then pursure them to apply H1, right?

And I am not going to be covered under CAP too?

1. Now, while filling out the I-129 petition for H1, in Part 2, Number 2, which box should I check:
2(c) Change in previpously approved employment, or
2(f) Amended petition?

2. Also, in Part 2. Number 5: Requested Action, should I check 5(d): Amend petition?

thanks thanks

 

[kesab]

Thanks...still H-1 classification question

Thanks Perm_faq,
My H1 visa stamp expired. I am approved under NIW, should be able to change job, and I will use EAD temporarily. But I want to come back to H-1, which is safer.

My employer is asking me under what H-1 classification they will need to apply (I-129, Part 2, Number 2). Should it be
2(c) Change in previpously approved employment, or
2(f) Amended petition?

Please comment..

 

[perm_faq]

You are Welcome!

Actually, there are couple of issues with your case. Read my post/reply if it makes sense or helpful for you.

1. If you are trying for H1B extension with the same employer since your last H1B Approval got expired, you will not be subjected to Quota. Its just merely a Transfer petition kind of action with USCIS. So when you file the H1 extension you can state the change of job title blah, blah ...

2. If your H1B Visa is expired, but not I-94 [came with your previous H1B 129 approval OR your departure card when you entered last time into the country] then the above STEP 1 works for you. Otherwise, your status becomes "illegal" and you need to base on "AOS" petition to make you legal, meaning you will be treated as alien with "immigration status" as your "non-immigration status" classification got expired.

3. If you are accepting "immigrant status" due to the above fact, then you have to talk to your HR and submit form I-9 with change of status indicating EAD.

4. Now if you want to come back to H1B (if this is what you are trying to ..), file H1B as a "new petition" which is subjected to "Annual Quota", since you had abandoned your earlier "non-immigrant status". Up on approval of this H1B petition, re-enter the country under H1B classification. Note: In this case, your new H1B petition need to indicate Item(2.c, 2.f) at all. Because, it is a fresh H1B.

5. The issue is, you have to continue on EAD unitl next year H1 Quota Re-opens.

Hope the helps you, also talk to Attorney to confirm your situation.

Thanks Perm_faq,
My H1 visa stamp expired. I am approved under NIW, should be able to change job, and I will use EAD temporarily. But I want to come back to H-1, which is safer.

My employer is asking me under what H-1 classification they will need to apply (I-129, Part 2, Number 2). Should it be
2(c) Change in previpously approved employment, or
2(f) Amended petition?

Please comment..

 

[kesab]

Thanks Perm_faq

Thank you so very much Perm_faq for your time in replying so deligently. It will surely be helpful.

 

[jamesmehta]

Different Job under same employer

Hi Perm_faq and all,
Please comment and help me on my issue also. My situation is also similar who falls under Number 1 as Perm_faq stated.
I am on 5th year H1 with the same employer (visa stamp expired). 485 is pending for more than 6 months. My employer is going to offer me a different job. What H1 classification they should apply? Under (in I-129 form):
Change in previpously approved employment 2 C, or
Amended petition 2 f,
Or, it will be a complete New H1?

thanks for your time

 

[perm_faq]

jamesmehta,

* Read/reply to my Email if it makes sense for you!

Actually, it is far better to apply for new H1 rather than filing H1B Amendment, as there are certain rules [15% change up/down in salary, title, nature of job responsibilites etc etc] when you change jobs with the same company and those rules are not clear [read murthy's advice].

* If you would like to save money, go for regular H1B filing, no premium stuff.

Hi Perm_faq and all,
Please comment and help me on my issue also. My situation is also similar who falls under Number 1 as Perm_faq stated.
I am on 5th year H1 with the same employer (visa stamp expired). 485 is pending for more than 6 months. My employer is going to offer me a different job. What H1 classification they should apply? Under (in I-129 form):
Change in previpously approved employment 2 C, or
Amended petition 2 f,
Or, it will be a complete New H1?

thanks for your time

 

[ram_pk]

Working with EAD

I am currenlty working on H1. I have EAD since more than yr. I am planning to change from H1 to EAD which I am doing.

The question that I have is, I am trying to get part-time job in same field of specialization. I am still with same employeer who filied my GC as a primary job.

Can I take part-time job with other company? and with W-2 with part-time job company?

If I take part-time job does it effect any thing on GC processing?

You mention in one of the point that still continue working on H1 with GC filied employeer and use EAD for part-time. I heard that once you change to EAD your H1 will is not valid. Advice, which one is best option.


Thank You.