I-485/EAD/H1B job change question

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sk2002sk

Registered Users (C)
Guys,

I have been offered a new job and I need your help in deciding what I should do.

I currently have a valid H1B (valid until December 2005) and I also have EAD/AP since my 485 is pending. Now, should I ask the new company to do a H1B transfer or join them with my EAD? What are the pluses/minuses of these? One advantage I can see of going to H1B transfer is that, even if something goes wrong with my 485, I am safe. Any other issues that I am overlooking?

Please help! I need to decide very very soon!

Thanks & Regards,
SK...
 
Asking your new company to do an H1 for you will be like having a safety net. If something goes wrong with youy I485 then you still can stay in the country. Joining your new company on EAD would not give you this safety but you join the new company without having to go thru the paper work of another H1. It is up to you what you are comfortable with.
 
H1B transfer while 485 pending

So, basically we are allowed to do a H1B transfer while the 485 is pending. Will I have to get another H1B stamp if I leave the U.S. and want to return? Has anyone done any of this before? Please let me know guys, as I do not want to pass up this job opportunity.

Thanks,
SK...
 
sk2002sk said:
Will I have to get another H1B stamp if I leave the U.S. and want to return? Has anyone done any of this before?

I have read somewhere in this forum that you can use the old H1B stamp to travel. Somebody has done that already. Please talk to the lawyer to make sure it is doable. Do not count my words.
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New filing again?

If you choose retain your H1B status when you transfer to a new company, will you need to file for new LC, 140 and 485? I thought people use EAD to transfer to avoid having to file new LC, 140, and 485.
Again, I am not sure about this, anyone else have any knowledge about this?
Thanks,
 
NO!!! You do not need a new I140 or I485 if you change company and apply for another H1 . You use AC-21 when you change jobs while 485 is pending. I did this so I know it.
 
To GcPain1

Thanks for your reply GcPain1. So did you apply for a a H1B transfer? and continued your I-485 application as it is (with AC-21)? Any issues with H1B transfer? Or did you use your EAD? Please could you let me know?

Thanks,
SK...
 
gcpain1 said:
NO!!! You do not need a new I140 or I485 if you change company and apply for another H1 . You use AC-21 when you change jobs while 485 is pending. I did this so I know it.
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gcpain1- So one can use AC-21 to notify INS of change in your employer to keep the same 485/140 application, and still get a new H1B (transfer) to maintain H1B status? I thought using AC-21 was possible only if one uses EAD card to change jobs and then of course H1B is no longer valid.
 
I used my new H1. I never used my EAD. After I joined the new company my lawyer sent a letter to INS letting them know about my new comapny. My I485 was approved a couple a months later.
 
sk2002sk,

I am not an Attorney but below is what I think.
If your I485 is not complicated you can use AC21 and transfer to new compnay. There are so many people who used AC21 and got approved. Avoiding all confusion to you.
I think for your case it will take another 6 months to 1 years. So in any case you can stay in US for a year which is the time your H1-B expires.
In worse case - you should know one thing - if you want to extend your stay in US you can. Because I go by preception as long as the decision for anything is in USCIS court you are leagl to stay here. And you know it take 4-5 months for USCIS to get to something. And also don't forget you have 1 to 3 months to reply anything to USCIS. So you have a lot of buffer zone to do lot of things.
Again friend you are the best judge for yourself. I wrote what I think and I am not an attorney.
 
I don't think H1B is a sfe net incase your 485 has something wrong, I think the oppisit is correct?? correct me if i am wrong
 
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