OT: H1 reapplying after being on EAD, 3 years still left on H1

[techy2468]

H1 reapplying after being on EAD, 3 years still left on H1.

will we be counted against the quota or not?


somewhere i read that if we were on H1 status.....and then if we switch to some other status being in usa.......if we reapply for new H1 even after a long gap......we will be given H1 for the time we still have left on h1 status......is this true??

 

[baby_mde]

H1 reapplying after being on EAD, 3 years still left on H1.

will we be counted against the quota or not?


somewhere i read that if we were on H1 status.....and then if we switch to some other status being in usa.......if we reapply for new H1 even after a long gap......we will be given H1 for the time we still have left on h1 status......is this true??

That will not be counted against quota. But I am not sere you can switch to EAD to H1B??

 

[techy2468]

That will not be counted against quota. But I am not sere you can switch to EAD to H1B??

u mean we cannot switch from AOS status to H1 staus??

why not??....lets say our 485 gets denied because employer does not support our application for some reason........why cant i find another employer who will sponsor H1 visa.....since i still have time left on H1 (6 years not completed yet)

 

[sfmars]

u mean we cannot switch from AOS status to H1 staus??

why not??....lets say our 485 gets denied because employer does not support our application for some reason........why cant i find another employer who will sponsor H1 visa.....since i still have time left on H1 (6 years not completed yet)

It will be brand new H1 and it will be counted against quota (if your new employer is not exempt of the visa cap).

Since you started to work on EAD your H1 satus is gone and there is no basis to transfer "your old non valid H1 status".

But there is no problem to do new H1 if quota is available for you, although they can approve petition without issuing I-94 and make you go to your original country first.

there are some benifits to be on H1 in comparision of working on EAD

 

[baby_mde]

u mean we cannot switch from AOS status to H1 staus??

why not??....lets say our 485 gets denied because employer does not support our application for some reason........why cant i find another employer who will sponsor H1 visa.....since i still have time left on H1 (6 years not completed yet)

I think we have to leave the contry?? But I am not sure. If EAD (AOS) to H1B passible, I am most haapiest persion. Beacuse I am on AOS and 1 year H1 is left. I can swicth to H1B too.

 

[perm_lc]

If you have recived EAD before 6 years of your initial H1B, it is a wise decision to use EAD to save remaining time of your initial H1B period. If you are working on H1B with EAD in hand, you are wasting your h1b time. If you have 3 years left on your initial H1B of 6 years, switch immedialty to EAD.

For some reason, if you are trying to go back to H1B status, you can still do that and use the remaining period of H1B. You will not be counted to new quota, in that case, as you are eligible to use 6 years of H1B once number drawn for you. You can very well go back to H1B status from AOS status without quota.

There is a article about EAD in immihelp.com.

 

[backroady]

Currently on H1B, Pending I485 stuck in namecheck, EAD not used....

Here is the situation:

- I am working on my first H1B (expires September 30, 2007)

- I have a I485 pending namecheck (visa number is available)

- I am NOT working on EAD

- Can my employer renew my H1B effective October 1, 2007 for another three years OR IF NOT, do I have to get an EAD before my current H1B expires?

Thanks.

 

[baby_mde]

If you have recived EAD before 6 years of your initial H1B, it is a wise decision to use EAD to save remaining time of your initial H1B period. If you are working on H1B with EAD in hand, you are wasting your h1b time. If you have 3 years left on your initial H1B of 6 years, switch immedialty to EAD.

For some reason, if you are trying to go back to H1B status, you can still do that and use the remaining period of H1B. You will not be counted to new quota, in that case, as you are eligible to use 6 years of H1B once number drawn for you. You can very well go back to H1B status from AOS status without quota.

There is a article about EAD in immihelp.com.

I have used all my 6 years of H (H1B + H4) and presently I am on EAD. During my 6 years of H period, I was on H4 for 1 year form Jan 2003 to Jan 2004. As per the recent memo decoupling H1 and H4, can get H1 of 1 year??

 

[gc_retrogress]

Yes employer can renew visa....in order to maintain H1 status, it is better to file 6 months in advance. You will get 3 years of extension because I-140 is approved or 1 year I am not sure because in your case your I-485 is still pending.

Better yet send them the labor approval copy and you will get 1 year of H1 extension. It is better to stay on h1 in your case.

Here is the situation:

- I am working on my first H1B (expires September 30, 2007)

- I have a I485 pending namecheck (visa number is available)

- I am NOT working on EAD

- Can my employer renew my H1B effective October 1, 2007 for another three years OR IF NOT, do I have to get an EAD before my current H1B expires?

Thanks.

 

[desi3933]

It will be brand new H1 and it will be counted against quota (if your new employer is not exempt of the visa cap).

Since you started to work on EAD your H1 satus is gone and there is no basis to transfer "your old non valid H1 status".

But there is no problem to do new H1 if quota is available for you, although they can approve petition without issuing I-94 and make you go to your original country first.

there are some benifits to be on H1 in comparision of working on EAD

If you had H1 visa in last 6 years that was issued against quota then the new H1 is NOT counted against quota.

Please verify information with your attorney/lawyer.
_________________
desi3933@gmail.com

 

[desi3933]

Here is the situation:

- I am working on my first H1B (expires September 30, 2007)

- I have a I485 pending namecheck (visa number is available)

- I am NOT working on EAD

- Can my employer renew my H1B effective October 1, 2007 for another three years OR IF NOT, do I have to get an EAD before my current H1B expires?
Yes. It is usually good idea to have EAD. Just because one has applied for EAD does not invalidate H1/H4 status. The EAD must NOT be used in this case.

Thanks.

Please verify information with your attorney/lawyer.
_________________
desi3933@gmail.com

 

[sfmars]

If you had H1 visa in last 6 years that was issued against quota then the new H1 is NOT counted against quota.

Please verify information with your attorney/lawyer.
_________________
desi3933@gmail.com

That is true if you did not have inerruption in H1 status.

 

[sfmars]

Here is the situation:

- I am working on my first H1B (expires September 30, 2007)

- I have a I485 pending namecheck (visa number is available)

- I am NOT working on EAD

- Can my employer renew my H1B effective October 1, 2007 for another three years OR IF NOT, do I have to get an EAD before my current H1B expires?

Thanks.

You can get 3 years of extension if your PD is not current. If it is current only one year.

 

[desi3933]

That is true if you did not have inerruption in H1 status.

This is true whether one had inerruptions in H1 status or not.
Example: Jan 2002 to Jan 2006 H1 status, Jan 2006 to June 2006 B1/B2 status. July 2006 person is in India. Employer offers a job and applies for H1 visa in Nov 2006. In this case, new H1 visa does not count against quota.

Please verify information with your attorney/lawyer.
_________________
desi3933@gmail.com

 

[GotPR?]

That is true if you did not have inerruption in H1 status.

Read I-129 Part C.

You can get 3 years of extension if your PD is not current. If it is current only one year.

I don't think PD matters in this case unless he was on L1 before.
He said it's his FIRST H1 and he should be able to get 3 years without any condition.

 

[baby_mde]

I have used all my 6 years of H (H1B + H4) and presently I am on EAD. During my 6 years of H period, I was on H4 for 1 year form Jan 2003 to Jan 2004. As per the recent memo decoupling H1 and H4, can get H1 of 1 year??

 

[desi3933]

I have used all my 6 years of H (H1B + H4) and presently I am on EAD. During my 6 years of H period, I was on H4 for 1 year form Jan 2003 to Jan 2004. As per the recent memo decoupling H1 and H4, can get H1 of 1 year??

Yes. 1 year of H4 plus any time spent outside US while on H1

Please verify information with your attorney/lawyer.
_________________
desi3933@gmail.com

 

[sfmars]

And What ?

Read I-129 Part C.

Do you mean question # 5 ?

If you say YES to the question # 5 it is only the case for further of USCIS investigation and not more.

For example, Look at the question #6. If you say YES and your new employer is not University but it is commercial shop you became SUBJECT OF H1 QUOTA IMMEDITELLY. (Believe me I know it is for sure)

 

[sfmars]

First; I don't want to get on your case too much.

However; in three years of being on the boards; I have never seen anyone post consistently incorrect advice as you.

Summarize some of your positions:

If you extend h-1b status before I-94 card expires but is denied after expiry then your position was that you have been accruing unlawful presence since date of expiry of I-94 card.

H-1b is not dual intent visa

Nurses routinely get h-1b visa

people cannot file 485 from any non immigrant visa

ac21 law which allowed one to extend based on labor pending more then 365 days was passed in late 2002.

245i applicants are low in numbers and are mainly in unskilled worker category.

a person is subject to h-1b quota if they get off h-1b even if they haven't exhausted six years of h-1b and haven't left the country for more then one year.

You problem is that you do not understand what you read.

You did not convince me that I was wrong in any of the statements you listed above. and sometime you quoted statements from the laws or official documents without understanding or showing partly understanding in "proving your personal point of view".

Most of your your provement were from you "personal" experience and can not be attested.

When I do not reply to your posts, it does not mean that I accept your point of view.

 

[GotPR?]

You problem is that you do not understand what you read.

You did not convince me that I was wrong in any of the statements you listed above. and sometime you quoted statements from the laws or official documents without understanding or showing partly understanding in "proving your personal point of view".

Most of your your provement were from you "personal" experience and can not be attested.

When I do not reply to your posts, it does not mean that I accept your point of view.

You should learn to admit you are wrong when evidence was shown.
Let's see the law. I believe you may still come back with your illogicals, but at least people here could understand better with actual word of law.

INA 214(g)(7)
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.