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H1B transfer after AP?
- Thread starter dxsfd
- Start date
dxsfd said:I used AP on Oct. Want to work for another employer now with H1B. Can I stiil apply for H1B tranfter after using AP? If so, will it affect I485 in any way?
H1B transfer or not has nothing to do with 485. Pending 484 gives you right to stay in US until adjudicated. Your question is unclear if you are still working with your current employer on H1B. As per popular opinion, even if you enter US with AP, as long as you keep working with your current employer (who sponsored your H1B) on H1B and not use EAD with your HR, you are still considered in H1B category and not in parole status. Check with your lawyer on that. Assuming the above to be true, you can transfer your H1B to your new employer.
jllag1 said:H1B transfer or not has nothing to do with 485. Pending 484 gives you right to stay in US until adjudicated. Your question is unclear if you are still working with your current employer on H1B. As per popular opinion, even if you enter US with AP, as long as you keep working with your current employer (who sponsored your H1B) on H1B and not use EAD with your HR, you are still considered in H1B category and not in parole status. Check with your lawyer on that. Assuming the above to be true, you can transfer your H1B to your new employer.
Yeah, I've been with the same employer for serveral years with H1. Someone said according to his lawyer, if you've used AP, it'll be safer not to H1 tranfer. Is it true?
If you enter with AP, you are on parole status according to Cronin Memo. But you can extend H1 to go back to H1 staus.
dxsfd said:Yeah, I've been with the same employer for serveral years with H1. Someone said according to his lawyer, if you've used AP, it'll be safer not to H1 tranfer. Is it true?
If you enter with AP, you are on parole status according to Cronin Memo. But you can extend H1 to go back to H1 staus.
I think you are right. What do your company's lawyers say? Well, even if you apply for transfer, all they can do is deny it. You can always get back to EAD to continue working.