H1B vs EAD for EB1 categories, please help.

G

GC_EB1

Registered Users (C)
Hi Folks,

I had a small query that i thought i will ask. Thanks.

I got laid off last week of september'09 i have a valid EAD (140 approved under EB1-EA). Iam getting new offers now, can i go ahead and use my EAD from 2nd week of October? I do not want to use my H1B and i do not know if the company canceled my H1B.

Please help.
 
You CANNOT use your H1-B unless the new company agrees to port it under allowed conditions. The new company has to have H1-B filed for you before you can use it. But here is the CATCH: you can use it ONLY if it is continuous - there should be no interruption in service - that is, you finish your job on one day and you start the new job the NEXT day. if you have a break you cannot use the H1-B. I would say use EAD and ask new company to apply for H1-B again. Otherwise, if your 485 is denied you will be out of status and in violation.

This is from what I kknow. You may want to consult an attorney (may be the new companies attorney).
 
your situation is almost like mine, details posted in other thread. can i start using EAD till it expires on 08/2009 and then apply for h-1b before the EAD expires?

congrats nightsman on your 485 approval!
 
Thank you Amethist.

Yes, you can use your EAD and apply for EAD renewal if you still do not get your I-485 approval without ever getting a H1-B.
 
Thank you, Nightsman,

So, i ask the new company to do a new H1-B, keep that as a back up and keep using the EAD as of now. am i interpreting this right?, So to use the H1-B, i will need to go out of the country and then get it stamped.

I saw a thread where in which, a person got his H1B approved after 60 of termination, that is there was a gap of 60 days between 2 jobs, mine is 2 weeks, do you think, my situation is similar to his?

Thanks Nightsman, and also congrats on the 485 approval.
 
GC_EB1 said:
Thank you, Nightsman,

So, i ask the new company to do a new H1-B, keep that as a back up and keep using the EAD as of now. am i interpreting this right?

YES - that is what I would do.

, So to use the H1-B, i will need to go out of the country and then get it stamped.

NO - as long as you have the I797 approval notice you can work - you have to get it stamped if you want to travel; i.e. stamp is REQUIRED for ENTRY. If you do not leave the country, then you do not need a stamp.

I saw a thread where in which, a person got his H1B approved after 60 of termination, that is there was a gap of 60 days between 2 jobs, mine is 2 weeks, do you think, my situation is similar to his?

Dont know what circumstances - he/she stayed 60 days with NO status? I think that is illegal presence. May be he had an underlying status. STAUS is what counts and not stamp, etc.

Thanks Nightsman, and also congrats on the 485 approval.
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Thank you.
 
nightsman said:
You CANNOT use your H1-B unless the new company agrees to port it under allowed conditions. The new company has to have H1-B filed for you before you can use it. But here is the CATCH: you can use it ONLY if it is continuous - there should be no interruption in service - that is, you finish your job on one day and you start the new job the NEXT day. if you have a break you cannot use the H1-B.
Click to expand...

The AC21 regulations are silent on the matter, as is the statute. They merely say that someone who was in prior H-1B status can start working immediately upon receipt of the new petition, although they must stop if the petition is denied or USCIS requests a new stamp.
 
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