Loosing H-1B for Company Job

madgu-gc2005

Registered Users (C)
Hi Gurus/Eb-1doc,

See below my signature. My I-140 under eb2niw got approved and my spouse and I are on H-1B working in the University as research associate. We have got our EAD also. I have the following doubts to get clarified from experienced gurus.

1. If my spouse uses EAD to work in a company ( I know that my spouse will loose H-1B) can my spouse go back to H-1 if something untoward things happen with my pending I-485 (let me keep my fingers crossed)? If so with in how many days one should change the status?

2. What is the difference in benefits when a person uses EAD to work in a company from a regular employee who is on H-1B or having Green card? Will everybody (incase my spouse joins in a company) in that particular company be treated in a similar way?

3. What are the paper works I need to do before my spouse jumps in :) searching for Job? OR is it advisable not to loose H-1B?

I would appreciate you if you highlight the advantages and disadvantages of loosing H-1B for the sake of joining in company using EAD.

Thank you Gurus
 

eb1doc

Registered Users (C)
may be because you asked gurus and nobody here is guru...just kidding!
Well madgu i am no expert but will try to answer your queries


1. If my spouse uses EAD to work in a company ( I know that my spouse will loose H-1B) can my spouse go back to H-1 if something untoward things happen with my pending I-485 (let me keep my fingers crossed)? If so with in how many days one should change the status?

It is very rare that I-485 gets denied fro trivial reason. The reason shd be major. ....When I-485 get s rejected due to this major reason...this troubles also in getting back the H1 VISA. I know a case where I-485 was denied ...teh person was on H1 and fro same reason his H1 was also cancelled. generally people follow following practice once I-485 gets rejected then you can apply .....the MTR takes time in the mean time she can go for H1 if company supports otherwise she can apply fro H4 based on your H1. you can safely file premium H4 and continue to maintain her status.


2. What is the difference in benefits when a person uses EAD to work in a company from a regular employee who is on H-1B or having Green card? Will everybody (incase my spouse joins in a company) in that particular company be treated in a similar way?

none benefit !! once they hire you on h1b or on green card its same.....treament on paper.

3. What are the paper works I need to do before my spouse jumps in :) searching for Job? OR is it advisable not to loose H-1B?

if she has EAD she just needs to fill one form once she joins (i beleive its I9).I fyou are maintining H1B she can take that risk
 

madgu-gc2005

Registered Users (C)
eb1doc said:
may be because you asked gurus and nobody here is guru...just kidding!
Well madgu i am no expert but will try to answer your queries


I know that I will get a response from you if not from others. Ofcourse you are Guru in most of the aspects of Green card process. YOu are very helpful to so many in this forum

1. If my spouse uses EAD to work in a company ( I know that my spouse will loose H-1B) can my spouse go back to H-1 if something untoward things happen with my pending I-485 (let me keep my fingers crossed)? If so with in how many days one should change the status?

It is very rare that I-485 gets denied fro trivial reason. The reason shd be major. ....When I-485 get s rejected due to this major reason...this troubles also in getting back the H1 VISA. I know a case where I-485 was denied ...teh person was on H1 and fro same reason his H1 was also cancelled. generally people follow following practice once I-485 gets rejected then you can apply .....the MTR takes time in the mean time she can go for H1 if company supports otherwise she can apply fro H4 based on your H1. you can safely file premium H4 and continue to maintain her status.

After my spouse joins in a company with EAD when time comes (say after a year or so) if the company wants to file petition for H-1B will it be possible for my spouse to go back to H-1B. Anybody having this kind of experience?. There is a job may be with in 3 months my spouse can take up with EAD. I need your input

2. What is the difference in benefits when a person uses EAD to work in a company from a regular employee who is on H-1B or having Green card? Will everybody (incase my spouse joins in a company) in that particular company be treated in a similar way?

none benefit !! once they hire you on h1b or on green card its same.....treament on paper.

I mean interms of say 401k plan AND other benefits (will there be difference between H-1B, green card holders and people working with EAD)

3. What are the paper works I need to do before my spouse jumps in :) searching for Job? OR is it advisable not to loose H-1B?

if she has EAD she just needs to fill one form once she joins (i beleive its I9).I fyou are maintining H1B she can take that risk

Do i need to inform USCIS since my spouse is the derivative of my I-485?
 

eb1doc

Registered Users (C)
madgu-gc2005 said:
Do i need to inform USCIS since my spouse is the derivative of my I-485?

inform what?
about change of status ...well no...even if she is on h1/H4 she is on AOS status ...even if she uses EAD she is AOS........its just dual intent H VISA which allows you to keep it till GC approves..........
 

eb1doc

Registered Users (C)
sorry i missed them

After my spouse joins in a company with EAD when time comes (say after a year or so) if the company wants to file petition for H-1B will it be possible for my spouse to go back to H-1B. Anybody having this kind of experience?. There is a job may be with in 3 months my spouse can take up with EAD. I need your input

It is again rare that compay file your h1B after being on EAD but yes if you convince them they will...and u can .......only upto six years of valid H VISA time ...........not after that after.......i will recommend her to use EAD as its more flexible...to switch....It might have a chance that since she is using EAD......... BCIS might put query of H1b suggesting to use EAD


none benefit !! once they hire you on h1b or on green card its same.....treament on paper.

I mean interms of say 401k plan AND other benefits (will there be difference between H-1B, green card holders and people working with EAD)

generally no! they can't do that!!!
 

madgu-gc2005

Registered Users (C)
Thank you eb1doc. Please read the content below.

I got the email message from USCIS saying that they have transferred my file from VSC to NSC. See below my signature. I have pending I-140 with NSC. What does this mean? Please give me a feed back. Here is the USCIS message.

Application Type: I485 , Application to Register Permanent Residence or to Adjust Status

Current Status:

On July 13, 2006, we transferred your I485 Application to Register Permanent Residence or to Adjust Status to our office in LINCOLN, NE for them to schedule and conduct your interview. Scheduling can take several months. Our office in LINCOLN, NE will notify you when they schedule your interview or take other action on your case.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.

WHAT DOES IT MEAN? are they going through my I-140 (EB-1A) file ????? Is it normal that service centers conduct interview OR it is standard format. Please shed some light on the above.
 

2006gc

Registered Users (C)
Since you might get called for an interview, it might be a good idea to defer your plans to abandon your current job. Having said that, NIW offers greater flexibility as you are not tied to the same employer but need to show that you intent to work in the specific area implied in your I-140. I suggest that you talk to an experienced attorney how to best handle this. They may provide useful insights to your situation.
 

madgu-gc2005

Registered Users (C)
2006gc said:
Since you might get called for an interview, it might be a good idea to defer your plans to abandon your current job. Having said that, NIW offers greater flexibility as you are not tied to the same employer but need to show that you intent to work in the specific area implied in your I-140. I suggest that you talk to an experienced attorney how to best handle this. They may provide useful insights to your situation.

Hi 2006gc,

I am not going to abandon my current job. My spouse wants to work in a company with EAD. NOT ME. what do you think about the USCIS message that I got today (transfer of I-485 file from VSC to NSC). SEE THE OTHER POSTING TOO.

Thanks fo ryour input
 

2006gc

Registered Users (C)
First you need to see if the message that you got is a standard transfer notice. If not, you may want to start collecting the necessary original documentations for your interview (USCIS will tell you what evidences that you need to bring to the interview). Sometime getting original and certified translation of certain documents such as marriage certificate or a birth certificate may be time-consuming.
Also, if this is not a standard notice, your I-485 approval will be delayed by a few months. The officer may have some specific questions for you and your spouse. You might get approval on the day of your interview if both of you could clear his/her doublts.
 

honkman

Registered Users (C)
madgu-gc2005 said:
Hi 2006gc,

I am not going to abandon my current job. My spouse wants to work in a company with EAD. NOT ME. what do you think about the USCIS message that I got today (transfer of I-485 file from VSC to NSC). SEE THE OTHER POSTING TOO.

Thanks fo ryour input


To be on the save side, I wouldn't go on EAD before the interview. There are to many uncertainties what could happen and why risk problems now. I would wait with the job change after you had the interview and think about the situation again when you have a better picture about the interview. H1-B is much safer than EAD in general if problems appear.
 

madgu-gc2005

Registered Users (C)
honkman said:
To be on the save side, I wouldn't go on EAD before the interview. There are to many uncertainties what could happen and why risk problems now. I would wait with the job change after you had the interview and think about the situation again when you have a better picture about the interview. H1-B is much safer than EAD in general if problems appear.

Hi honkman/2006gc/eb1doc,

I am the primary applicant and if my spouse wants to work with EAD will there be a risk?

My situation is EB-2 i-140 approved by VSC and I-485 is pending. Both were filed in Sep. 2005.

We filed I-140 under EB-1A at NSC in June 2006. I know that unless and until both I-140s are not approved we cannot relink with I-485 (filed in Sep. 2005). At this point why VSC will transfer our I-485 file to NSC. I am guessing there might be positive sign on I-140 petition filed at NSC. If so then I am current because my PD is sept. 2005. For India the PD for I-485 is Jan. 1, 2006.

I did not understand one more point - usually family based categories will have interview and i never heard EB categories will be interviewed. Please correct me if I am wrong.

See the uscis wording from today's email -

See the USCIS wordings... On July 13, 2006, we transferred your I485 Application to Register Permanent Residence or to Adjust Status to our office in LINCOLN, NE for them to schedule and conduct your interview. Scheduling can take several months. Our office in LINCOLN, NE will notify you when they schedule your interview or take other action on your case.

Is it the standard format when the file is transferred? I do not know whether I should feel good or bad.

I would appreciate your feed back
 

eb1doc

Registered Users (C)
madgu-gc2005 said:
Hi honkman/2006gc/eb1doc,

I am the primary applicant and if my spouse wants to work with EAD will there be a risk?

My situation is EB-2 i-140 approved by VSC and I-485 is pending. Both were filed in Sep. 2005.

We filed I-140 under EB-1A at NSC in June 2006. I know that unless and until both I-140s are not approved we cannot relink with I-485 (filed in Sep. 2005). At this point why VSC will transfer our I-485 file to NSC. I am guessing there might be positive sign on I-140 petition filed at NSC. If so then I am current because my PD is sept. 2005. For India the PD for I-485 is Jan. 1, 2006.

I did not understand one more point - usually family based categories will have interview and i never heard EB categories will be interviewed. Please correct me if I am wrong.

See the uscis wording from today's email -

See the USCIS wordings... On July 13, 2006, we transferred your I485 Application to Register Permanent Residence or to Adjust Status to our office in LINCOLN, NE for them to schedule and conduct your interview. Scheduling can take several months. Our office in LINCOLN, NE will notify you when they schedule your interview or take other action on your case.

Is it the standard format when the file is transferred? I do not know whether I should feel good or bad.

I would appreciate your feed back

try posting the query in I-485 forums....just to know whether people get this as standard response or they actually mean interview!!!
 

2006gc

Registered Users (C)
madgu_gc2005,
As eb1doc had suggested, you need to first determine if the message you received is a standard transfer notice or not.
If you have been following recent publications and procedural changes at NSC, you will notice the following:
1. Phase II of bi-specialization took effect on July 24, 2006. Your transfer is probably due to this.
2. I think about two months ago, NSC had stated that their office would start processing I-485s even when the priority date is not current, but fall short of approving them. Your I-485 cannot be approved until a visa number is available for you and your family. This procedural change is done to reduce processing time. This may explain why they are working on your case even though your PD may not be current for EB2 category. I don't think it is linked to your pending EB1 case.

>We filed I-140 under EB-1A at NSC in June 2006. I know that unless and >until both I-140s are not approved we cannot relink with I-485 (filed in Sep. >2005). At this point why VSC will transfer our I-485 file to NSC. I am guessing there might be positive sign on I-140 petition filed at NSC. If so then >I am current because my PD is sept. 2005. For India the PD for I-485 is Jan. >1, 2006.
 
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