How will this effect my GC

0

001

Registered Users (C)
Guys,

I applied 485 on 04/08/2002 and till now iam working with the company that sponsored by GC on H1B visa. I never used EAD. Now i got an oppurtunity with different company and they are willing to transfer my H1 visa(because i dont have my EAD and they want me on there w2). So how will this effect my GC process.

Please help me.
 
Start over again

You will have to start all over again unless:

1) THe new company can use LC Substitute (which will save you the Labor process)

2) your 140 is approved in which case you dont have to restart the process

In the absence of these two things, you are looking at Labor + 140 + 485 all over again.

:eek:
 
Get an EAD asap

Don't do it, don't join another company by transferring H1. Your Green card process will have to be restarted. Instead apply for an EAD ASAP, do it yourself, you do not need a lawyer for it, and that way it's much quicker as well. The day you get the EAD you can start working for the other company. Check these forums, or rupnet.com to see how long EAD's are taking, usually take 1-2 months. I hope the new company is flexible to wait for that long. If not, then don't worry, if you've gotten this great opportunity, you'll get another. Having an EAD would give you the flexibility to
1- catch a great opportunity
2 - in case of a layoff, look for another job

Cheers!
 
001,

User AC21 but you need apply for EAD and you are all set. There won't anyproblem with your GC process.

EAD is much cheaper than H1B. You can do it yourself.
 
Here is an idea if it is a great offer -
Apply for an EAD by yourself
Apply for the H-1 transfer
Take time-off from your current employer and work with the new employer after applying for H-1 transfer. You can hold more than 1 job on your H-1. When your new employer wants to pay you the money wait till you get your EAD and take it as sign-on bonus.
 
Pardon me. He has applied his GC in April 2002. What is the problem if H1 transfer is applied now? He can join on H1 now. He can also use EAD once it is approved. Since he applied for I-485 in April 2002 he cannot be a con-current applicant. I do not see any problem here.
 
what's going on??

Like tammy2 mentioned, he could use AC21 fine with H1 transfer. as long as the new job has the same/similar description.

what's all that with the EAD? he is perfecly fine without EAD.

however, i would suggest 001 don't use AC21 unless it's really a GOOD opportunity.
 
AC21

Since you have completed your 6 months (180 days) after filing I-485 you can change jobs in a similar field. You can either do a new H1 or EAD.
 
Re: AC21

Originally posted by GCkikushi
Since you have completed your 6 months (180 days) after filing I-485 you can change jobs in a similar field. You can either do a new H1 or EAD.
Click to expand...

There is one big advantage to using an H-1 over an EAD, especially if you travel - you don't need to worry about AP and the extra filing fees for that. However, I am not aware of the visa stamp issues you may face, so if you need to get a new stamp each time you travel then AP may be more convenient.

Can someone educate me on how visa stamps work? Do you usually get one valid for the length of your H-1B petition?
 
I am also in same boat.

I have approved LC, approved I-140 & and then filed I-485 (just 180 days over).
I have got EAD also but not using it. I have H1B till Apr'05

I am confused since laborpain, Avi Singh, checkthisout & frantic are insisting for use of EAD BUT tammy2, lz25888 & GCkikushi have different opinion.

Now if I join other company what would be the best option?

1. Can AC21 be used if I transfer on H1B?
2. For AC21 if Company's Lawyer does not provide all docs then I have to restart again?

To TheRealCanadian

H1B petition carries approved Labor petiton in which approved duration is mentioned. That duration is transfered in I-797 and based on that Visa Stamp carries end date of Visa.
If we are completing 6th year they put end date there.
 
Originally posted by Bakra
1. Can AC21 be used if I transfer on H1B?
2. For AC21 if Company's Lawyer does not provide all docs then I have to restart again?
Click to expand...

Yes, you can use AC21 if you switch using H-1B. As long as you work legally for the new company (H-1B, EAD) you are good. If the old company lawyer doesn't provide the documentation you can still do things, it's just a little harder. I'd suggest you retain your own counsel.

That duration is transfered in I-797 and based on that Visa Stamp carries end date of Visa. If we are completing 6th year they put end date there.
Click to expand...

OK, so if I get an H-1B petition today valid until 11/05/2006, my visa stamp should be valid until that date, and I can leave and re-enter the US as many times as I want on that single stamp? OK, I think I understand now. Thanks!
 
No sooner your H1B is approved and you get I-797, legally you have H1B Visa till 11/05/2006 (Though not stamped).
May be your old H1B Visa is expired by the time , But new approved Visa will carry your same I-94 number in approved Notice (left bottom corner) so you are ok in their database.

It's upto you where you get Visa stamped on your passport . Here or in your home country.

While leaving U.S., you have to surrender two I-94 (one you got while entering and 2nd bottom left corner of Approval Notice)
 
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