H1B to EAD to H1B

[payal_salvi]

Hi, I have question, how do I get back to H1B after using EAD for 3 months for different employer.
I was working on H1B since 41/2 years and then switched to EAD for different employer. I have H1B visa stamp valid till May-2011. Recently my I-485 got rejected. I would like to ask my employer to file for new H1B. If i get approval for new H1B can I just leave country and then at reentry (port of entry) I show immigration officer my valid H1B for old employer and approval notice of new H1B for new employer. Is this valid? Have some done this? Please help.
In this case I am reentering country with H1B stamp valid for old employer and showing letter of approval for new employer.

 

[ginnu]

Hi, I have question, how do I get back to H1B after using EAD for 3 months for different employer.

I was working on H1B since 41/2 years and then switched to EAD for different employer.
I have H1B visa stamp valid till May-2011.
Recently my I-485 got rejected.
-------what is the reason for I-485 rejection??
I would like to ask my employer to file for new H1B. If i get approval for new H1B can I just leave country and then at reentry (port of entry) I show immigration officer my valid H1B for old employer and approval notice of new H1B for new employer. Is this valid?
----------you can do that only if your new H1 approval has I-94 attached. better get H1 visa stamp based on new employer H1 approval and then enter.
Have some done this? Please help.
In this case I am reentering country with H1B stamp valid for old employer and showing letter of approval for new employer.

----------------

 

[payal_salvi]

I have applied as dependent with my husband's I-485. The reason for denial is they aren't able to find my husband's file on which I applied. My husban'd company lawyer will be filing MTR on this. While MTR is pending Can I continue working on EAD? or Should I ask my employer to file for new H1B?
If I ask my employer to file for new H1B, Once I get H1B approval notice, Can I continue to stay here on the approval notice?
Or do I have to leave country and get stamping rightaway?

Please guide on this.

 

[ginnu]

I have applied as dependent with my husband's I-485. The reason for denial is they aren't able to find my husband's file on which I applied.
---------dont you have your husband's I-485 filing reciept notice? The lawyer was supposed to send copy of your spouse I-485 receipt notice if your I-485 was filed later. Can’t they search his file with his A#??
My husban'd company lawyer will be filing MTR on this. While MTR is pending Can I continue working on EAD?
------------------Yes
or Should I ask my employer to file for new H1B?
-------ask your options from your lawyer who is filing MTR.
If I ask my employer to file for new H1B, Once I get H1B approval notice, Can I continue to stay here on the approval notice?
----------------only if the H1 approval has I-94 attached. I dont think USCIS will give you I-94 with new H1.
Or do I have to leave country and get stamping rightaway?
-----------stamping and enter on H1.
Please guide on this.

I see good chance of MTR approval. for more info contact your lawyer.

 

[Jackolantern]

I have applied as dependent with my husband's I-485. The reason for denial is they aren't able to find my husband's file on which I applied.

Did you include a copy of your husband's I-485 receipt or approval notice, and the I-140 receipt or approval? Without those documents included, they will have problems finding his file. Make sure the MTR includes those.

My husban'd company lawyer will be filing MTR on this. While MTR is pending Can I continue working on EAD?

Yes, you can continue working with it until USCIS sends you a notice that they have revoked the EAD.

Better to stay in the US until there is a decision on the MTR. You may be unable to use your existing H1B visa, because you left that employer and the employer may have asked USCIS to cancel the H1B. If you get a new H1B approved, you shouldn't have a problem using that, but that will probably take longer to be approved than the MTR.