H4 to EAD to H1B - company gave wrong info on I129 form

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delhigirl

Registered Users (C)
I came to this country on H4 and transferred to EAD in 2003. in 2004 I applied for H1B as I kept hearing it is safer to be on H1B than on EAD.
When my company filed for my H1B, they wrote change of status from H4 to H1B instead of saying EAD to H1B.
I got my approval last year. Now that I wanted to go for my H1 stamping couple of attorneys told me that my H1B is not valid?
Pls help.
 
delhigirl said:
I came to this country on H4 and transferred to EAD in 2003. in 2004 I applied for H1B as I kept hearing it is safer to be on H1B than on EAD.
When my company filed for my H1B, they wrote change of status from H4 to H1B instead of saying EAD to H1B.
I got my approval last year. Now that I wanted to go for my H1 stamping couple of attorneys told me that my H1B is not valid?
Pls help.
Click to expand...
Hmmm .... let me ask you a few important questions
(1) Did you ever work based on this EAD ?
(2) Did your spouse maintain his/her H1 status all the way upto the point where you filed for the new H1 ?

If you never worked on the EAD (& spouse maintained H1), the mere act of getting an EAD did NOT change your status from H4 - so the change of status was valid.

If either of that was not true, then your H4 was lost and your status became "pending AOS" - in which case a COS from H4->H1 was possibly not correct.
It would then depend on how long you were out of H4 when you applied for H1 (because it could be counted as new H or a continuation on the previous H quota)
 
ye i used my EAD

i started using my EAD in nov 2003, joined comp A (comp which processed my H1B) in june 2004, comp A applied for my H1B (COS from H4 to H1B as my I 94 said H4 as my last entry in US in mar 2003) in july got approval in aug 2004. Idid not use my H1B ever i kept in working on EAD though with the same company so i haev pay stubs from them in case i need to get on H1B.

thanks
 
once you use your EAD you have to ride it out until the GC gets approved... no change of status allowed as your previous status ends the day you worked under your EAD..

also you can't leave the country on H4 once EAD has been used... you'll need to use advanced parole...

If your wife still has a valid H1 she can leave the country as long as she never used her EAD
 
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