iEAD & H1

M

murmanmadi

Registered Users (C)
Hey Guys,

I am currently employed on a H1 (3 yrs remaining). I have applied under the NIW category and my I-140/485/EAD are being processed at the VSC. I have the following questions regarding changing my employer using interim EAD:

1. Can I ever get back onto H1?

2. If yes, can I apply for the change in visa status without leaving the country?

3. Also, god forbid, if my NIW is not approved and I could move to H1, how much time will I get to make this transition.

Thanks for all the information.

Murman
 
1. You can use a H1 transfer to join the new employer.
2. After usage of EAD, a H1 will be a new one requiring stamp in a US consulate
3. Not much time. You have to wait till the H1 is approved to continue working.
 
Thanks Jaxen.

However, can I apply for a H1 after using EAD while still in US? or do I have to go outsid the country even to file a petition?


I am a little confused because, this is the response I got from my attorney: "If you abandon your H-1 and work simply on the I-765 you would have to leave the country to get an H-1 because in order to apply in country you have to be in a nonimmigrant status and you would not be."

Murman
 
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