I94 required to work on H1B after using EAD

A

Abhi_MA

New Member
Here is my unique (may be not :rolleyes:) case:
I changed my job using the AC21 rule (of course after 180 days) my new employer said he would file for my new EAD but not AP, then after talking further with his lawyer he came about a solution to above dilemma - why not we file for your H1B (as they are more comfortable with this) now the situation is since my earlier H1B with the previous employer was no longer valid after I left him and since there is a time gap of almost 2.5 months and since my approved I140 is being used as justification for filing 3yr H1B extension (this is 6 + 3 yrs) my new (company) lawyer says I will HAVE to travel abroad and get a new I94 before I continue my employment on the new H1B...
Is this true?
Any help would be appreciated..
THANKS
-Abhi
 
Abhi_MA said:
my new employer said he would file for my new EAD but not AP
Click to expand...

Your employer cannot file for either of them. Only you can.

my new (company) lawyer says I will HAVE to travel abroad and get a new I94 before I continue my employment on the new H1B... Is this true?
Click to expand...

Pretty much. It might be simpler to work on the EAD until you travel, and then return and work using the H-1B.
 
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