on my EAD but want to change to H1

S

srini_king

Registered Users (C)
Hi All,

for the last two years I am on working on my EAD but want to change to h1 status - what is the best way -- is it just finding employer and asking him to file H1? or anything else!!

- srini
 
srini_king said:
Hi All,

for the last two years I am on working on my EAD but want to change to h1 status - what is the best way -- is it just finding employer and asking him to file H1? or anything else!!

- srini
Click to expand...
---- if you have valid H1 Visa stamp then go out and enter on H1, you will get I-94 based on H1
OR
your employer need to file H1 then after approval you need to go out and get H1 stamp and enter on H1
 
Also, you will be counted against the cap. So you will have to time your petition to get your H1 status. "Most probably" (just a guess), you will get H1 approved without I94, so you will have to leave US and apply for H1 visa at a consulate and re-enter back on H1.
 
srini_king said:
Hi All,

for the last two years I am on working on my EAD but want to change to h1 status - what is the best way -- is it just finding employer and asking him to file H1? or anything else!!

- srini
Click to expand...

Any reason as why you want to change to H1 after working on EAD for the past 2 years? It might cause you a problem incase if need to leave the country to get the visa stamped for entering again into US.
 
Want GC Soon said:
Any reason as why you want to change to H1 after working on EAD for the past 2 years? It might cause you a problem incase if need to leave the country to get the visa stamped for entering again into US.
Click to expand...

Meaning, make sure you have valid AP before/if you go out of country.
 
jllag1 said:
Meaning, make sure you have valid AP before/if you go out of country.
Click to expand...

If he has a valid stamp on his passport where he is still working on EAD, he doesnt need to stamp again to re-enter.
 
jllag1 said:
Also, you will be counted against the cap.
Click to expand...

No he won't. If he has previously held H status and has not left the US for a year, his 6-year clock is not reset and therefore he would not count against the cap.
 
Questions...need help!

I'm on a k3 visa which is due to expire March 30, 2005. I am planning to go abroad. Now, will I have any trouble getting in with an expired K3 visa but I have an AP with me. Also I-485 is filed and waiting for approval. Or should I need to renew my K3 even if I have I-485 filed and AP.

Any info will be very much appreciated!
 
nikkismommy said:
I'm on a k3 visa which is due to expire March 30, 2005. I am planning to go abroad. Now, will I have any trouble getting in with an expired K3 visa but I have an AP with me. Also I-485 is filed and waiting for approval. Or should I need to renew my K3 even if I have I-485 filed and AP.

Any info will be very much appreciated!
Click to expand...

I dont know much about K3 visas. But as long as you have valid AP even with your expired visa on your passport, you shouldn't have problems re-entering into USA.
 
TheRealCanadian said:
No he won't. If he has previously held H status and has not left the US for a year, his 6-year clock is not reset and therefore he would not count against the cap.
Click to expand...

Srini, taking the discussion furthur, if you had previous H1 status and you did not reset your clock with one year outside US, you will still be counted against the cap if your previous status was with nonprofit/govt etc., meaning you were not counted against the cap at that time.
 
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