GCforTRAVEL
Registered Users (C)
Hi,
I just realized I wasn't quite sure of some things so I would appreciate any comments on this situation:
1) FiledI-140/I-485 NIW in Oct. '05. Got EAD and AP. H1-B was valid till 02/28/06.
Went to India in Jan 06, returned before H1-B expiry, but used AP.
As I understand, use of AP did not invalidate my H1-B. Did not use EAD.
2) After expiry of first H1-B on 02/28/06, continued on H1-B extension which is valid till 08/30/06.
In the meantime, a new H1-B has been filed sometime in June for me for 2 yrs starting Sept. 2006 after my current H1-B ends. This is with a new employer.
Actually, I will be working in the same group and same field with same boss, but due to change in funding source, my employer wil change from A to B since my boss has dual appointment in both organization A and B.
So, I believe after my new H1-B was filed in June, I received NIW I-140 approval at end of June.
Now my questions are:
a) Will the fact that I have used AP cause any problems with getting my new H1-B or cause any problems with I-140 even though it is just already approved? Can it be revoked?
b) Since my I-140 just got approved, will it complicate getting new H1-B?
c) Is it okay to get a new H1-B with a "new" official employing organization if my I-140 just got approved? Basically is it okay to change employer so soon? I'm under NIW.
d) Even though new H1-B is being filed, should I retract that and use EAD to work now that I-140 has been approved?
e) Am planning to visit India in Dec. If I continue working on new H1-B, should I get it stamped in India or just use AP to re-enter like I did in January?
I know that's a lot of questions, probably some not very well-framed, but I hope someone can illuminate by cloud of doubts.......
Thanks in advance.
I just realized I wasn't quite sure of some things so I would appreciate any comments on this situation:
1) FiledI-140/I-485 NIW in Oct. '05. Got EAD and AP. H1-B was valid till 02/28/06.
Went to India in Jan 06, returned before H1-B expiry, but used AP.
As I understand, use of AP did not invalidate my H1-B. Did not use EAD.
2) After expiry of first H1-B on 02/28/06, continued on H1-B extension which is valid till 08/30/06.
In the meantime, a new H1-B has been filed sometime in June for me for 2 yrs starting Sept. 2006 after my current H1-B ends. This is with a new employer.
Actually, I will be working in the same group and same field with same boss, but due to change in funding source, my employer wil change from A to B since my boss has dual appointment in both organization A and B.
So, I believe after my new H1-B was filed in June, I received NIW I-140 approval at end of June.
Now my questions are:
a) Will the fact that I have used AP cause any problems with getting my new H1-B or cause any problems with I-140 even though it is just already approved? Can it be revoked?
b) Since my I-140 just got approved, will it complicate getting new H1-B?
c) Is it okay to get a new H1-B with a "new" official employing organization if my I-140 just got approved? Basically is it okay to change employer so soon? I'm under NIW.
d) Even though new H1-B is being filed, should I retract that and use EAD to work now that I-140 has been approved?
e) Am planning to visit India in Dec. If I continue working on new H1-B, should I get it stamped in India or just use AP to re-enter like I did in January?
I know that's a lot of questions, probably some not very well-framed, but I hope someone can illuminate by cloud of doubts.......
Thanks in advance.