I am doing an H1 transfer after using AP

R

Rahul_need_help

Registered Users (C)
Hi guys,

After a lot of discussions with attorneys, and looking at these immigration forums I have decided to go for an H1 trannsfer.. My 485 was filed in Dec 31, 01 and still i have been waiting for GC .. Since I am single I want to maintain my H1 status. Last year I went to India and came back in Jan 03, using AP & joined my GC employer. Since my company had filed for my H1 extension before I flew to India my H1 extension came in Jan end. I asked everybody what was my status and some said EAD since i used AP and few said H1 since I got my H1 in the mail.. I was very confused about the whole thing so I took paid consultation with Shiela Murthy who said: " I am on H1 since I am working with the same employer after I came back to the country and an H1 extension petition was already pending at INS." Now ...I have decided to go with this asumption.

I am leaving my present employer since I am getting laid off from here and joing another company in the East coast. They will be doing an H1 tranfer for me. I hope my H1 extension comes thru and later I can go to India and get married.......

Just wanted to share my present situation with you all.....If anyone is in a similar boat pls let me know guys...

Rahul
 
I am in the exact situation as you. I am going to transfer my H1B to another firm, after I used AP once. (I applied EAD, but never used it). Please let me know till now you have any concern or heard of anything of the risk from transfering H1B after using AP? Thanks a lot!
 
Before you head out to your future spouse, make sure that your H1 stamp is current. yes try for revalidation first at St.Louis before venturing out of US. My suggestion (you can also do the same at home country US consulate, but imagine the shame/grief if it gets rejected...)
 
I am already married. I am concerd 1) whether I can tranfer my h1b to a new employer? 2) my wife has applied a OPT for herself, which may have a negative impact on our i485 application? I apprecaite very much your comments.
 
Typically, if you use AP for travel, it doesn't invalidate your H1, using your EAD might, however. And since your H1 is valid, I beleive you can transfer.

Now, if you've filed for your AOS (485) then it can get tricky changing jobs (esp. if 485 has been filed for less than 180 days). You might have to invoke AC21...

As always, check with your lawyer.

- nik.
 
If someone filed I485 under Eb1a (Aliens of Extraordinary Ability) sponsored by herslef not by any company. Does she still need AC21? Thanks a lot!
 
I think by the nature of the category, all you need is proof of demand or employment offer utilizing the extraordinary ability even before AC21...
 
i486i486:

If someone filed I485 under Eb1a (Aliens of Extraordinary Ability) sponsored by herself not by any company. Does she still need AC21? Thanks a lot!
------ If you self sponsored then the only requirement is that you should work in your field of extraordinary ability. You are free to work with in your field. You can change employers, no need of AC21, as it is self-sponsored, and you are not tied to any particular employer, as employer has not filed LC or I-140. You filed your I-140 based on your extraordinary ability and documented the Evidence required for the EB1 immigrant petition.
 
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