keep H1b if using AP and H1b denied?

D

darmasuden

Registered Users (C)
I hold H1b visa and am I485 pending right now. I got AP and will be out of US next month, since I want to transfer my H1b to new employer, so I try
to apply H1b visa stamp to reenter USA. In case my H1b application
got denied, I will enter US with my AP.

My question is if I am still be able to work with my current H1b in case of
my H1b visa application got denied and reenter US with AP?

Any input is welcome.
 
From my readings of certain posts in this forum, I've come to the conclusion that:

if the original H1B petition is still valid when you come into the US using your AP, then it means that your H1B employement authorization is still in effect until the date that it expires (as stated in your approval notice)

the only caveat though is that you'll still have to work for the same employer until the time when your new company files a new H1B (or AC21) petition for you
 
I was told by some people (some people not) that I can't transfer H1b to new employer if using AP.

Using AP should be OK with keep working on current H1b, but, H1 visa stamp application got denied hurt the current H1b visa?
 
My H1 visa expired in passport and I got valid H1 papers until March 2009 with company A(still working for them).

I applied for GC thru company B and got EAD/AP, went to India and came back on AP with out any problems.
 
Good, in your case, do you think it is no problem to get new H1b from company B ( just a question, I konw you don't need it)?

sr2610 said:
My H1 visa expired in passport and I got valid H1 papers until March 2009 with company A(still working for them).

I applied for GC thru company B and got EAD/AP, went to India and came back on AP with out any problems.
Click to expand...
 
anybody know if I can transfer H1b to new employer after using AP?

My lawyer said yes, but two of my friends said no. I am coming here to find answer
 
darmasuden said:
anybody know if I can transfer H1b to new employer after using AP?
Click to expand...

Well, the employer can certainly file the petition on your behalf. It really comes down to whether the service center will issue a new I-94 when they approve the new H-1B petition. I think that's a 50/50 proposition; depending on how familiar the adjudicator is with the Cronin Memorandum. I'd emphasize this in the cover letter.

Would it be the end of the world if you had to leave the US and re-enter with a new visa? If so, I'd switch jobs using the EAD.
 
H1B and AP

You can certainly transfer H1B's while your I485 is pending.
Make sure you have finished 180 days after the I485 receipt date so that you are eligible for AC21.

Also, you should reenter with the H1B that you are currently using. That means you should return and work for the employer that issued the H1B you used to reenter.
You can change employers a few days after you reentered.

In other words, you should not reenter using H1b from employer A if you have already quit that job.

If you have quit the job, use AP to reenter. You can still the new H1B for your next trip.
 
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