Need advice from Jaxen/Silly man & other senior members.....

[Rahul_need_help]

Hi guys,

I got laid off today from my desi employer ..I was anticipating this but not so soon... My employer has promised to continue my GC process. I need some advise from people in the forum especailly those who have enough experience in this...

Here are my details:-

My 485 was filed in 31, Dec 2001 and i have my 2nd EAD which I have not used till now. Even after getting my EAD i have been working here on H1 since I wanted to maintain my H1 status being single. Last year I left to India in Oct 02 and while I was there my H1 had expired. My company had promised to send me H1 extension papers while I was in India but they never came. Eventually I had to use my AP to enter US. After 3 weeks of my entering US I got my approved H1 in the mail.. Since I was working with same company who sponsored my GC I assumed even after using AP I was still maintaing my H1 status.

Now after getting laid off I have an offer with another company in the East coast. They are willing to transfer my H1 or take me on EAD...They have left the option to ne..My questions are:

1. Can I transfer my H1 which I recd after entering US on AP. Are there any risks. The reason I want to do that so that later in the year I can go to India, get married and bring spouse on h4.

2. If transfering H1 is risky can I work on EAD and later ask them to do premium processing...(have to pay for it) and later get stamped in India. Does this work ?

3. If I work on EAD what are the risks involved and what things I need to be careful about.?

4. If I work on EAD card or H1 do I need to inform INS about the new employer. I have heard some people sending letter staing ACT 21 portability.

5. My 1st FP was done in San jose in Aug 2003. I am expecting my 2nd FP. Lets say I am in the East coast. Can I give it from there at local INS office or do I have to come here again.

I am concerned about all these issues and would really appreciate if u can help on any of them...

Thanks for all your help.....

rahul

wac: 02-077
CSC
RD: Dec 31, 2001
1st FP: Aug 02

 

[jaxen]

1. Yes you can transfer H1. Since the h1 was pending you are under no risk by showing the AP I94 for transfer
2. If you use EAD it might be difficult, go the H1 route
4. Yes, most probably. If your RD is 180 days are longer and the new job is in similar ONET classicfication, then it will be prudent to send the notification to BCIS

5. Yes you can give it at any BCIS office

Get married soon, if your I485 is approved, then even having a H1 will not help your spouse.

 

[Rahul_need_help]

thanks for your reply JAXEN

Hi Jaxen

Thanks for your reply.....I need a lillte clarification on the H1 transfer part...

-----------------------------------------------------------------------------------
1. Yes you can transfer H1. Since the h1 was pending you are under no risk by showing the AP I94 for transfer
2. If you use EAD it might be difficult, go the H1 route
-----------------------------------------------------------------------------------

You said that I can go the transfer route....:

When I got my new H1 extension papers it has an I-94 attached at the bottom... Do I need to use this I-94 for H1 extension or the AP-stamping (I-94).... My H1 extension also has an alien no written there.. I was wondering if I do an H1 extension and if for some reason BCIS does not accept it what are the repurcussions.. I guess I can then just work on EAD right....I am aksing this company to do a premium processing which means there might be an RFE...

Pls advise Jaxen.

Thanks

Rahul