New H1 application means abendoning I-485?

R

Reza-EB2 NIW

Registered Users (C)
Dear Friends,
I have a pending 485 application (EB1-EA), and entered the USA last month on Advance Parole. Since I am still with the same company who sponsored my H1 application, then I am still considered to be on H1 status.

Starting Aug, I will move to a new company. I have asked them to apply for my H1 transfer. I just want to have the new H1 approval, so that I can leave and come back based on the H1 visa. It is better for me if i decide to marry.

A lawyer has told me that if I apply for my H1 transfer, this means that I am abandoning my 485 application. Is this a true statement?

I remember some folks in here were talking about doing this. Please share with me your experience.
 
I heard that USING AP abandons H1 status. Not sure though. Even I want to hear from others about this. Shouldn't you have used I-9 form in such cases? Can anyone confirm?
 
Using AP does not abandons H1 if you work for the same employer who sponsorded your H petition. If you change the job, then it is different. In this case, one shoud use EAD and then he will loose non-immigration status.

What is I-9 thing?
 
Yes, AP changes his status.

to get H1 back he has to leave country and return with H1 visa!!
not a big problem, can do it in Toronto or Montreal.

Good luck.

G
 
I dont think that using AP invalidates H1, as long as you work for the same employer. This has been discussed extensively in this forum. Also I have checked it with several lawyers.
Anybody has any experience with H1 transfer and I-485?
Thanks,
RSY
 
Same situation for me.

I too had a same situation but did not do H1B from another company. I used EAD. If its been more than 180 days since your RD of I-485 , then use EAD. My question is why you need H1B ? To travel ? That is not necessary. Since you already used AP, use it again before it expires or else apply new .:) See your I-94 card (also reverse). They might have entered the AP info. So when you file for new H1B with another company , this company may get you H1B for 1 year only. But still there will be a problem. RFE etc :(

So forget about H1B and enjoy the freedom of EAD if passed 180 days.

At port of entry show both EAD and AP. Next thing is , if you do H1B from another company you will not get for 3 years. Since I-140 is previous company. :rolleyes: They cannot use your previous company labor to process H1B.

This information is based on my experience and from another friend. But ask your new company lawyer what he/she says.
 
Thanks Jagadeesh.
I need the H1 because I want to get married, and it is much easier for her to come based on H4 rather than immigrant.
I also dont have a sponsor for my green card, because it is based on EB1-EA. So I have petitioned by myself. I will pass 180 days befor I move to this new place, so it should be fine.
So I am not sure if your statment about 1 year H1B is based on your speculations or a fact. Can you please elaborate more on this?
Thanks
RSY
 
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