New H1 Visa while 140 is in process - Any problems?

G

gcwaiter_74

Registered Users (C)
Gurus,

I applied for 140/485 concurrently and it has been 5 months since filing. 140 is not yet approved. Now my company is not willing to support any H1 employees due to some reasons, but they are willing to continue the 140 processing. I know this is not the most ideal situation, but I got to live with it.
Now if I apply for a new H1, will it come up in my records while my 140 comes up for processing? Would the case officer get to know where I am employed while reviewing my 140 application? Or is it advisable to use EAD and not use H1? I am worried that if I get any query for 140, I will have to stop using EAD and apply for a new H1.
Please advise if its ok to apply for a new H1 or use my existing EAD? Specifically, I am interested to know if the case officer would know that i am no longer employed with my sponsorin company?
Your help deeply appreciated.

Thanks
 
Originally posted by gcwaiter_74
Gurus,

I applied for 140/485 concurrently and it has been 5 months since filing. 140 is not yet approved. Now my company is not willing to support any H1 employees due to some reasons, but they are willing to continue the 140 processing. I know this is not the most ideal situation, but I got to live with it.
Now if I apply for a new H1, will it come up in my records while my 140 comes up for processing?
Yes the reviewing officer could check your current status.
Would the case officer get to know where I am employed while reviewing my 140 application?
If he is doubtful about your 140 application he might raise an RFE asking for documents
Or is it advisable to use EAD and not use H1?
I am worried that if I get any query for 140, I will have to stop using EAD and apply for a new H1.
Please advise if its ok to apply for a new H1 or use my existing EAD? Specifically, I am interested to know if the case officer would know that i am no longer employed with my sponsorin company?
Your help deeply appreciated.
I am not clear what you want? Is your sponsoring company still willing to retain you on their payroll with the EAD? Do you have a H1B sponsoring employer who can file for your H1B immediately?

dyno
Thanks
Click to expand...
 
Applying H1 is nowhere related to pending I-140. Your I-140 may be for future employment. You might be applying H1 to test the market.

I have done it. In fact I got two H1 both from different companies (other than GC sponsoring company). I did not get RFE anywhere.

What is expiry date for your current H1? If old H1 is expired then you need go out the country and come back with stamping.

You can use your current EAD. But just remember to renew four months before the expiry.
 
Thanks for the quick reply. My H1 is valid until 2006 and now, a different company is ready to file my H1 transfer. My only worry is that if I take a H1 transfer, the case officer may issue some queries while reviewing my 140 application. So, is it better to file a H1 transfer or use my EAD. My current sponsoring company cannot put me in payroll either on H1 or EAD status. So my options are either apply for a H1 transfer or use my EAD.
 
Originally posted by gcwaiter_74
Thanks for the quick reply. My H1 is valid until 2006 and now, a different company is ready to file my H1 transfer. My only worry is that if I take a H1 transfer, the case officer may issue some queries while reviewing my 140 application. So, is it better to file a H1 transfer or use my EAD. My current sponsoring company cannot put me in payroll either on H1 or EAD status. So my options are either apply for a H1 transfer or use my EAD.
Click to expand...

In that case H1B transfer is a safer bet. Even if your 140 is denied you will still be on valid H1B status.

hth
dyno
 
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