Immigration Guru: help me.

H

habib

Registered Users (C)
I am on H-1b now. But I also have EAD from 5/2002. But I didnt give any copy of EAD to my employer. So it looks like I am working on H-1b rather then EAD. Right now I am in 4.5 years of H-1b. If I submit my EAD now, will I be able to save H-1b time from 5/2002?
 
Once EAD is used

you would lose the remaining H1-B time. It is a catch-22 situation unfortunately.
 
Note if you use EAD you will automatically lose H1b status. God forbid if by chance you have GC approval problems then you cannot go back to your current H1b. You have to start H1b process fresh all over again. Meaning you have to go back to your country and start like you did the first time.
Regards
 
You need to be out of the country for 1 year

before the process can be started again.
 
here is what i want.

I want to save H-1b time. Right now i have 1.5 years left in H-1b. If I use EAD, I will have 3 more years left as you can use 6 years as H-1b in USA.

I have company who wants to sponsor now as well as new GC process. My concern is 1.5 years is not good enough for labor clearance or 1 year pending labor to get H-1b extention.

I won't be able to use AC21 because I am going completely different profession (right now I am a formulation chemist, but I would like to change my career as pharmacist).
 
Again...

Once you use EAD, You would lose the remaining H1-B time.[Rest of the time in the total 6 years] It is a catch-22 situation unfortunately. Irrespective of all other factors. It is based on the beneficiary - You.
You need to be out of the country for 1 year and reapply for H1-B to get a new 6 year cycle.
 
OmGV: i donot agree with you.

How come ppl have two GC processing at the same time? All one has to do transfer H-1B to another company and start new GC process. But once you finish 6 year then you have to go back for 1 year time.
 
From Murthy's Chat

Question : My six years of H1B expired. My I-485 was denied. I filed a Motion to Reopen. I have EAD. Is it invalid since I-485 is denied? Can I file for H1B seventh-year extension?


Answer : Generally, the BCIS will revoke the EAD when the I-485 has been denied. However, in a Memo the BCIS has taken the position that a person who is still on H1B status may file an H1B extension based on the LC or I-140 having been filed more than one year prior, even if the I-485 is denied. Since the H1B has expired, this, of course, poses a problem since the BCIS" present interpretation is not to allow the person to obtain an H1B extension nor a one-year extension with consular notification since they read the word "extension" literally. This issue may require some guidance, also.
 
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Habib: what's your question?

You can process any number of GC. You can hold any number of H1 [atleast 1 has to be fulltime - 40 hours/week], but you will have only a total of 6 continous years once. GC processing has nothing to do with H1 B's duration [except that it can be extended beyond the 6 year, 1 year at a time]. But using EAD invalidates your H1B for that cycle. Then you have to be out of this country for 1 year to be eligible for another 6 years of H1-B.
I don't understand what you are disagreeing with.
If you transfer to a new company now, you new H1 B will only be for remaining 1.5 Years AND NOT another 3 years.
 
OmGV: Now I am clear

No I agree with you. That what i wanted to clarify, If I ever use EAD, what will be the situation of the restover H-1b time.

Thanks for the info.
 
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