Please help: Should I apply for a new H-1B?

G

ganshm

Registered Users (C)
Hi friends:

Now I get an offer from Virginia with a higher salary than my current CA job. My I-485 is WAC 02-276 (ND: 9/11/2002) and my current EAD expires in 9/04.

The new position starts 8/1/04. Should I apply for a new H-1B for the new employer or just apply for a new EAD? I have used 3 years of H-1B and can still get another H-1b for 3 years.

One thought I have is:

If I apply for a new H-1b (maybe from VSC since Virginia is under its jurisdiction), then CSC would know it and possibly transfer my I-485 files over to VSC, which may further delay the process. In addition, H-1b application will cost me $1800.

If I get a new EAD (when will it begin to have 2-year validity?), CSC may not know about the job transfer until RFE, which seems inevitable nowadays.

But as some of previous posts mentioned, a H-1b gives me a safe net to fall back on in case something happens to the I-485 application...

Please give me your 2 cents.

Thanks very much.

ganshm
 
If you like the job and pay take it. As far as transfer is concerned yes it is most likely but it is not like you are expecting your GC in the next 2 months so how does it matter.
Now for the question on whether there will be a 2 year EAD, no one can answer that until uscis actually comes up with a policy, so no one can give u a definitive answer as to what is safe.
Looks like u already know about H1 and EAD safety net arguments, then it is your call no one can decide for you as to what is better, you have to decide what is better

Best of Luck
KB :rolleyes:
 
H1-B

If I were you, I would take H-1B.

H-1B is much safer than EAD. If you get a RFE in EAD, it's hard for you to deal and it may cause employement gap, in that case, $1800 becomes nothing.

Even H-1B triggers a transfer, it may turn out to speed up your case because VSC is better than CSC at least now.
 
I would go for H1B which will atleast preclude you from waking up in the dead of the night and standing for iEAD!

As far as CSC finding out. Well the way things are going, you will have to respond to a RFE at some point of time, which means you will have to file AC21. So CSC is going to find out regardless, might as well get more money while you wait for your RFE.

Good luck!
 
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