please help: gap between H1b while using EAD

[deepblue_30030]

I am currently working as a postdoc in university with H1B visa, which is going to expire on July 2006. I found an industrial job recently and would like to start it as soon as possible. Meanwhile, my I-140 was approved last sept and I am waiting for the approval of I-485 (base on NIW). I received my EAD card based on my I-485 application on Nov.

Here are my questions:

1. Can I transfer for H1B visa application or do I need a new application for H1B? my understanding is that I cannot transfer the H1b because I am in quota-exempt section. Correct?

2. I know that the cap for H1B quota had been reached for 2006. Can I use my EAD for a while and wait for company to file H1B application for me? This will create a gap between my H1B , and will this hurt my chance to get the new H1B application ? If it will, does it help if I apply for H4 based my wife's H1b and use my EAD to work for the company during this period?

3. What is the earlier date for me to apply for H1B ? usually how long does it take to get it?

 

[TheRealCanadian]

Can I transfer for H1B visa application or do I need a new application for H1B? my understanding is that I cannot transfer the H1b because I am in quota-exempt section. Correct?

There is no such thing as an H1B "transfer" - the new employer merely files a new H1B petition. Since the quota is exhausted, the only way that your new employer can file a new H1B is if they too are cap-exempt. If they are not, then no H1B until October.

I know that the cap for H1B quota had been reached for 2006. Can I use my EAD for a while and wait for company to file H1B application for me?

Sure. That's much simpler and cheaper for you and your employer.

This will create a gap between my H1B , and will this hurt my chance to get the new H1B application?

Not at all.

If it will, does it help if I apply for H4 based my wife's H1b and use my EAD to work for the company during this period?

Using your EAD to work instantly invalidates H4 status, so this would be pointless.

What is the earlier date for me to apply for H1B ? usually how long does it take to get it?

The earliers date would be April 1st, 2006 - for H1B status starting on October 1st, 2006. It really makes more sense to use the EAD.