Need some immidiate advice guys

R

Rahul_need_help

Registered Users (C)
Hi Friends,

I need some help......

My 485 was filed in Dec 2001 and I have an EAD card.. I have been working on H1 since 3+ yrs. My 1st H1 expired last Oct 2002. Last year I had to go to India for some urgent work in Sept & where I met an accident. While I was there my H1 expired though H1 extension had been filed.

Since I had to be back by Jan 03 I used my AP to enter US as my 1st H1 had expired. My H1 extension came in Jan after 15 days of my entering the country...My question to you guys is:

1. Since I used my AP to enter, does it mean I cannot work on H1 anymore.? I have an extended H1 which came after using AP
2. I am getting laid off next month and I need to work with a new employer. I would ideally like to work on H1 since I am still single at the moment. Can I transfer my H1 ?
3. Are there any repercussion of using AP and then again working on H1.

I am really confused on this as people are having diff views on this..Pls advise GURUs..:)

Rahul
 
Originally posted by Rahul_need_help
Hi Friends,

I need some help......

My 485 was filed in Dec 2001 and I have an EAD card.. I have been working on H1 since 3+ yrs. My 1st H1 expired last Oct 2002. Last year I had to go to India for some urgent work in Sept & where I met an accident. While I was there my H1 expired though H1 extension had been filed.

Since I had to be back by Jan 03 I used my AP to enter US as my 1st H1 had expired. My H1 extension came in Jan after 15 days of my entering the country...My question to you guys is:

1. Since I used my AP to enter, does it mean I cannot work on H1 anymore.? I have an extended H1 which came after using AP
2. I am getting laid off next month and I need to work with a new employer. I would ideally like to work on H1 since I am still single at the moment. Can I transfer my H1 ?
3. Are there any repercussion of using AP and then again working on H1.

I am really confused on this as people are having diff views on this..Pls advise GURUs..:)

Rahul
Click to expand...

I hate to tell you this, but I guess when you apply for H1-b and leave the country before its approved, its considered as abandoned. So I dont think you can use that H1-b.

You need to talk to a lawyer about applying for H1-B after using AP from your new company. Sorry I dont have that much idea
 
???

Why do you need H1 when you have a valid EAD card. You have already completed 180 days after filing of your AOS petition so you can change jobs using EAD as long as job definition is similar and the pay greater than or equal to that specified in LC.
 
Re: ???

Originally posted by Jibran
Why do you need H1 when you have a valid EAD card. You have already completed 180 days after filing of your AOS petition so you can change jobs using EAD as long as job definition is similar and the pay greater than or equal to that specified in LC.
Click to expand...
Agree with Jibran 100%
 
You must use your EAD

if you want to continue to work, I think you will. When you came into USA using your AP, now your status changed into Paroyee instead of H1-B. And since you have an EAD in hand, it is very easy and convience for you you use EAD to get a job compare to H1-B. Who would like to spend more money to apply the H1-B for you if they can hire a citizen or a person with GC?

Just my personal opinion, good luck to you.
 
1. Since I used my AP to enter, does it mean I cannot work on H1 anymore.? I have an extended H1 which came after using AP

Ans: Maybe you can go back on an H-1 but why would you want to take the trouble and spend money when you have an EAD.

2. I am getting laid off next month and I need to work with a new employer. I would ideally like to work on H1 since I am still single at the moment. Can I transfer my H1 ?

Ans: Very few employers are sponsoring H-1's. You're better off working on an EAD.

3. Are there any repercussion of using AP and then again working on H1.

Ans: I don't think there are any repercussions, but why take the trouble of going back on an H-1.
 
all this is good

but consider this...if for some reason, god forbid, the 485 gets rejected, you still can remain in the country with the H-1B.
 
Re: don't give incorrect info if you are not sure.

Originally posted by Awaiting approval
I think, you still can apply for H-1B. Probably, you should go for premium processing.

http://www.murthy.com/arc_uds/UDapeweh.html
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I said I have no Idea about applying for a new H1-B and I was talking about the extension of the H1-B. Anyways I guess I am wrong I think, since yours is only an extension and not a transfer.

I answered it based on the following Murthy Chat: (I saw one other QA also in Murthy chat which I am not able to find it anymore).

Question : For an H1B visa holder, which constitutes a valid status: the I-94 or I-797? (I-94 expires before I-797)
Answer : The latest I-94 governs, whether it is one at the bottom of an I-797 or one issued at the Port of Entry - whichever was issued later. So, if you had an H1B approval notice on the Form I-797 with an expiration date of Dec. 2004, then you travel abroad and the INS officer at the POE incorrectly mentioned only June 2002 based on an H1B visa stamp with a prior employer, then there may be a problem based on the last action of the INS, which means that the person is no longer in valid status.
Date : 2002-07-08
 
Answer yeah

You can work on H1, or you can change H1 untill it's expeire or you get GC ,

I would advise work on EAD. In any case you would get approval by July. So do you want to waste money and you already used AP. It's make you eassy.
 
you guys are not getting fine point

he is single, he prefer to work on h-1 so that when he gets married , he can get his wife on h-4 ( fastest way to get your spouse in)

rahul i think you can start working on EAD and lator your employer can file h-1 for you( you have to get your employer agree or have to pay for it)
 
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