I-94 expiring, have valid EAD/NO JOB

R

ramavataar

Registered Users (C)
hi!

Switched Job to consulting company on H1, I still have valid EAD from my previous employer A, which is bankrupt and closed now.

Now my contract has expired and my consulting company is not paying me salary, my I -94 is same date as H1B for Previous company and is expiring in FEB.

I dont have AP, didn't use EAD..

should I get stamped with current valid H1 B on my passport ?or since my AOS is in progress and its more than 180 days, I can stay longer than date stated by I-94.

for new job should I try to transfer on H1 and then get I-94 stamped by crossing border? I dont have AP do I need it to cross border?

Thanks in anticipation
Rama
 
As long as your EAD is valid you need not worry about your H1. For going out of the country , I think if you have a valid H1 B visa stamping that should work out or else if you do have a ADP even that should work. One thing is for sure that you should not have any RFE while you are in 485 stage. Hopefully you may not. Ones you 180 days period crossed I think you are in safe hands.
 
I think if you have a valid H1 B visa stamping that should work out

>>you mean old expired Visa stamping will be ok?

or else if you do have a ADP even that should work.

>>what is ADP? (Advance Parole??)

Thanks
Rama
 
hi!

Switched Job to consulting company on H1, I still have valid EAD from my previous employer A, which is bankrupt and closed now.
--- IF INS has not sent you any notice that your EAD is revoked then you have valid EAD and can work with that
Now my contract has expired and my consulting company is not paying me salary, my I -94 is same date as H1B for Previous company and is expiring in FEB.

I dont have AP, didn't use EAD..

n -You should Apply AP
should I get stamped with current valid H1 B on my passport?
---- You need employer letter to get your H1B revalidated in US from department visit:

http://travel.state.gov/hlop.html
or since my AOS is in progress and its more than 180 days, I can stay longer than date stated by I-94.
-- Once you file I-485 and it is pending you can stay if your I-94 expires and your status will be AOS pending but when you go out of US you need AP to reenter US if you have used EAD

for new job should I try to transfer on H1 and then get I-94 stamped by crossing border? I don’t have AP do I need it to cross border?
-- It is always better to remain on H1 status when I-485 is pending because if I-485 is denied due to some reason you can be immediately on H1 status.
--- For H1 transfer you need recent pay stubs, if you get your H1transfer approved you will get new I-94 attached with your approval notice, no need to cross borders

>>what is ADP? (Advance Parole??)
AP or Advance Parole
 
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