job change related Qs pls help

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ps19

Registered Users (C)
I would appreciate if some one could answer these Qs:

1) I am currently on H1B and have NIW EB2 I 140 approved and 485 pending for 4.5 months,
Can I change my job or is it better to wait for 6 months. WIll I have to use AC 21 in that case.
2) In case I change my job, is it better to do H1 transfer or EAD. What is the processing time for H1 transfer and EAD.
3) CAn i apply for both H1 transfer and EAD and just use one (eg H1) for job purposes.
4) How much time does it take for Advanced parole processing. If I am on H1 and leave US can I reenter on Advanced Parole and still maintain my H1 status.

Thanks
 
Ac21 requires waiting 180 days, meaning you use the EAD. If using H-1B transfer, as soon as you have mailed the H-1B transfer docs. to the UISCIS you are legally authorized to change employer, no need to wait for approval. However, should your H-1B transfer application be denied, you are screwed. I would do both, wait 180 days and use the EAD and also send in an H-01B transfer ASAP. Then you are covered. EAD procesing if you are NOT affected by retrogression is about 2 weeks, and the same goes for AP. Very fast processing blieve it or not. The processnig dates on the USCIS website are way off. Once you have the I-485 pending and leave the US with an AP document and reenter using the AP, you are no longer on H-1B as you entered with AP. I recommend getting EAD and AP and change employer using the EAD and AC21, leave the US and reenter using AP.
 
bjorn said:
Ac21 requires waiting 180 days, meaning you use the EAD. If using H-1B transfer, as soon as you have mailed the H-1B transfer docs. to the UISCIS you are legally authorized to change employer, no need to wait for approval. However, should your H-1B transfer application be denied, you are screwed. I would do both, wait 180 days and use the EAD and also send in an H-01B transfer ASAP. Then you are covered. EAD procesing if you are NOT affected by retrogression is about 2 weeks, and the same goes for AP. Very fast processing blieve it or not. The processnig dates on the USCIS website are way off.
Once you have the I-485 pending and leave the US with an AP document and reenter using the AP, you are no longer on H-1B as you entered with AP.
--------------- incorrect, if one has valid H1 status one can use AP and still can be on H1 status if after entry with AP working with employer who filed Latest H1.
Read below:
http://www.murthy.com/chatlogs/chat0816.html
Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
Click to expand...
 
ps19 said:
I would appreciate if some one could answer these Qs:

1) I am currently on H1B and have NIW EB2 I 140 approved and 485 pending for 4.5 months,
Can I change my job or is it better to wait for 6 months.
----wait for 6 months from RD of I-485
WIll I have to use AC 21 in that case.
------------ yes after 6 months of I-485 pending and new permanet job offer need to be same/similar
2) In case I change my job, is it better to do H1 transfer
------------Best option to change by H1 transfer, let the new employer file H1 transfer and when you get H1 transfer filing reciept from USCIS then join new employer
or EAD.
What is the processing time for H1 transfer and EAD.
-if H1 transfer filed through Premium processing then approved in 15-20 days. EAD renewal or new EAD time depends on service center
3) CAn i apply for both H1 transfer and EAD and just use one (eg H1) for job purposes.
--------------YES, one can have EAD AP and H1(better join with H1 trasfer and keep valid EAD AP for any emergency use, many or on H1 and also keep EAD and AP
4) How much time does it take for Advanced parole processing.
-----depends on service center
If I am on H1 and leave US can I reenter on Advanced Parole and still maintain my H1 status.
----------Yes
Read:
H1, AP
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

http://www.murthy.com/chatlogs/chat0816.html
Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.


Thanks
Click to expand...
 
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