Please give me you'r suggestions

A

ama9999

New Member
Hi,

My H1-B visa was with Company A. My Greeen card processing with Company B. Company A & B are owned by Same person. After getting my EAD I moved to Company B.

Now My H1-B visa was expiring on August 3rd 2003. At present I am working On EAD and I got my EAD Extension till Junne 2004. I know that for employment purpose EAD is enough. But for to changing Driver's licience EAD is not a valid document. I got a problem recently in DMV of PA. Then I approached my Immigration Lawer. Then he has given the following reply.

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As long as you filed I-485 while you are in legal status, you can stay in US and while your I-485 is pending. It is not necessary for you to apply for H-1B extension. However, whether you have legal status depends on whether you have H-1B legal status. After August 3rd, you will not be in legal status.
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Please let me know your opinions and valid suggestions regarding this. What I have to do. Shall I have to apply for H1-B extension or not . If I appy for H1-B extension, which company I have to take into consideration i.e. A or B. Now I have pay stubs with company B, But I have EAD with this. My H1-B visa is on Company A, But I don't have pay stubs.

485 Details:

RD May29 2002
ND May29 2002
 
Since you're working on an EAD technically your H-1 is not valid since you have chosen to become a parolee. Your status is legal since your 485 is pending approval. It is possible to get back to H-1 status but that area of conversion is kinda fuzzy. From your posting, it seems that your lawyer is giving you incorrect advice. I don't know much about the driver's license problem people have been facing lately. Best of Luck.
 
For renewing Driver license or change from other state, DMV never asked me EAD or H1. Just your valid or expired (within 60 days of expiry) old license will do. For fresh license, passport, social security (if not eligible, letter from SSN office), proof of address is enough. They sometimes ask proof of employment for which offer letter from your current employer or client will do.

I really don't understand why you need EAD, can you explain what exactly DMV said to you?
 
HI,

In some states they are asking valid H1 B papers, Valid passport with H1-B stamping, Proof of Residence, Proof of Employment.

In some states they are not asking. I don't about remaining states, but in Pensilvania they are asking all the above documents.

485 details.

RD May 29, 2002
ND may 29, 2002
 
ama9999, I can see your problem w/DL...

I can see the problem with DL. I live in NJ and my state needs to see certain INS documents to renew DL now and the DL is renewed only until the date shown on the INS documents. This March I renewed my DL with H-1B visa but I did see people doing it with EAD. If you say EAD is not ok with PA then it's probably because PA has a different regulation than NJ. Ever since that tragic day USA has changed a lot. This is not the same country when I came here 4 1/2 years ago. I don't even know if it's worthwhile to get the GC with all these painful experience.

As for legal status I agree with what the other guys are saying. As soon as you file your 485 you are legal until your case is either approved or, denied (not that I think this is gonna happen). You don't necessarily fall out of H-1B status as soon as you got EAD. In my understanding one falls out of H-1B status in two cases: 1st, one's H-1B expires and doesn't renew; 2nd, one leaves for another job (either voluntarily or not) and doesn't apply for H-1B with the new company.

Wish you luck.
 
*********** Quote ************

..... However, whether you have legal status depends on whether you have H-1B legal status. After August 3rd, you will not be in legal status.

********* End of Quote *********

I'd like to know who this lawyer is 'cause he/she is incorrect! Legal status is NOT based on whether someone has H1.

Right now, you are an I-485 adjustee because you have used your EAD to work. Your H1 is not valid because you have quit working for Comp A on H1 and used EAD to work for Comp B.

You are in legal status now and even after Aug 3rd until the INS decides on your I-485 case. To work you need a valid EAD, which you have and you can continue to work until EAD expires.

You are safe. Good Luck!
 
xdai & Upstate_NY

You are really expert in this issue.

Please let me know about the status in my case.

I worked in company 'A' on H1 visa and got labor and I-140, then I joined company 'B' on H1 visa after transfer. Again I joined Company 'A' after H1 visa transfer as previous one with comp 'A' expired applied for 485. Now I want to use AC-21 after 6 months and want to join comp 'B' again and still my H1-B with Comp 'B' is valid and I have EAD also and H1-B with Comp 'B' and EAD is expiring in sometime next year in same month. What's best for me to join Comp 'B' i.e. on H1-B or EAD. Will it be fine to use AC-21, as I cann't continue with company 'A' after 6 month.

Any reply is more than welcome.
 
I am a little dazed after reading about the jumps from one company to another ;)

You can work or transfer to any company provided that you stay in a comparable job with similar job duties and salary.

AC21 helps you to change employers after 180 days of I-485 RD
or
before 180 days of I-485 RD provided that INS takes > 180 days to adjudicate the case if notified.

You can also avail temporary absence from the GC-sponsored company provided your intention is to return & work for them upon GC approval.

If both companies A & B belong to the same person, that problem is eliminated.

If you have option to work on either H1 or EAD, try H1 cause you can continue on H1 even if 485 is denied. EAD is an added insurance if you get laid off and need to join a 3rd company the next day.

Hope this helps.
 
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