OT: EAD or H1B??

[techy2468]

I am currently working for Company A (H1B), I have travelled using AP, but i have not used my EAD yet.

Company B has filed for my H1 transfer (filed just 2 days back....if i leave i will not get to see the approval notice).

I may get an offer from Company C, where i have to use EAD.

Company-C's work is slightly better than Company B, hence i am interested if not for this H1B question??

since now we know that i will not be counted against the quota......in case my 485 gets denied (probability=5%)........i will have to look for a H1 sponsor and file a premium processing........optimistically in 60-90 days i should be in a job.....

your opinion??

 

[techy2468]

UnitedNations comments from other thread:
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If ones H-1b I-94 card has expired and they are working on EAD but they haven't exhausted six years then my statements apply (not subject to cap and no I-94 card).

However;

If you entered on Advance parole and you work with h-1b employer and try to extend h-1b before h-1b I-94 expiry date then you will get I-94 in H-1b status. Same applies if you try to change employers before expiry of h-1b I-94 card.

I know so many people who entered on advance parole and they extended h-1b with either same employer or changed employer without any problems. Key was you have to do it before expiry of h-1b I-94 card. You also have to show that you were maintaining h-1b status (that is you continued to work with h-1b employer after date of last entry).
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so based on above comment by UN.......

my current H1B with Comp-A will expire in Sept 07.

my H1B with Comp-B will not be valid, since i may never be on their payroll....(not unless i make comp-C wait for a while)


so looks like if i get a new H1B after sept 07.....i will have to go out of country and come back to get a I-94 to be in Non-immigrant status....

which is not a big deal....given the probability of 485 denials are so small..

 

[baby_mde]

UnitedNations comments from other thread:
---------------------------------------------------
If ones H-1b I-94 card has expired and they are working on EAD but they haven't exhausted six years then my statements apply (not subject to cap and no I-94 card).

However;

If you entered on Advance parole and you work with h-1b employer and try to extend h-1b before h-1b I-94 expiry date then you will get I-94 in H-1b status. Same applies if you try to change employers before expiry of h-1b I-94 card.

I know so many people who entered on advance parole and they extended h-1b with either same employer or changed employer without any problems. Key was you have to do it before expiry of h-1b I-94 card. You also have to show that you were maintaining h-1b status (that is you continued to work with h-1b employer after date of last entry).
---------------------------------------------------

so based on above comment by UN.......

my current H1B with Comp-A will expire in Sept 07.

my H1B with Comp-B will not be valid, since i may never be on their payroll....(not unless i make comp-C wait for a while)


so looks like if i get a new H1B after sept 07.....i will have to go out of country and come back to get a I-94 to be in Non-immigrant status....

which is not a big deal....given the probability of 485 denials are so small..

Techy,
I am in the same boat. I am using EAD and my 6 years not yet completed. If GC gets denied, I have to do same.

hope everything goes well.