Princeofjungle or Poon or any enlighted!!Please advice again

R

red020

Registered Users (C)
Guys!

While on I485 AOS, I changed job and service center zone. I have been maintaining H1b status so far. But after joining in new job, I discontinued H1b and currently on EAD. Keeping the uncertainities of EAD, I wish to switch back to H1b visa by applying for new H1b. My question is if I apply for H1b, whether I will be asked to visit India (my home country) to get it started. Apparently I have no requirement of travel to India now and I can not take break from my job. Any Ideas???
 
Dear red020,

As u are saying you 'discontinued' . Is H1B Still valid and not expired? and you are using EAD because u didn't transfer H1B and start using EAD in new Comp.?
 
Thanks Priceofjungle!!

Thanks for your reply. I just used six months of my H1b. When I joined new organization, I did not transfer my H1b as I am using EAD currently. My question is can I reapply for my H1b. I have not applied for AC21. I am bit confused with AC21 and EB1 category. My new job is in similar lines but different service center. I did not hire lawyer so far even to apply my I140, I485, previous H1b. Need I hire now to fix this AC21 or reapply H1b.
 
red020

  1. Irrespective of the merits of your case, you cannot apply for H1-B for the current FY2004, because the quota of 65,000 got over on the very first day of October 1, 2004. Therefore, you will have to try your luck only after April 2005, when you can start applying for H1-B against the next year's quota.
  2. In order to get the stamping, once you get your H1-B approved by USCIS, you need to go to your home-country. Visas will be affixed after adjudication by the US Department of State through its Consulates or Embassies worldwide.
  3. H1-B is a dual-intent visa that can be denied because of immigrant intent. I know of friends who have got their H1-Bs, after their earlier attempt to seek GC by filing I-485. However, technically speaking, immigrant-intent can be a risk.
 
Thanks Poon!

Since I am in University, I may not come under quota. Secondly H1B is a dual intend that means I can have immigration intention. Now the question is Can I break H1B period with AOS and restart again. I want to go back to H1B visa status, as after changing job it is better to have a back up.
 
red020

red020 said:
Since I am in University, I may not come under quota. .
Click to expand...
That may be a fallacious assumption, provided, you ARE NOT WORKING for the University or any wing of the University that would constitute research and other job positions that do not come under the purview of the quota. In simple words, this statement is true provided your employer is either a University or a Research Department of Univ. involved in research and higher-learning. If you are implying that you are just a University Student, then this doesn't apply and you come under the purview of the quota.

So long as you were having your AoS processed with a H1-B entry, your travel document will be H1-B and if your last mode of entry was H1-B, your status will be H1-B. If you want to start everything afresh, you need to withdraw your I-485 petition and start it afresh. I do not find any reason for that, but just answering a hypothetical question you have raised.
 
Then Poon! I am in big trouble

I was in O1 while applying for AOS and when I changed to H1B, already my AOS process is on. I got my H1B visa while I485 is on. Do you think this made my AOS process null. If this is the story, right now I do not have any AOS and I am out of status. Boy!this brings heart attack to me.
 
red020 - More Details Needed.

If you already had AoS with I-485 pending, what was the need for H1-B? A mere EAD would have sufficed. Assuming you applied for H1-B and you even got one, there sure would have been a question in your form for H1-B where it may have been asked if you had applied for any immigrant petition prior to that filing of H1-B. So what did you answer then?

I don't think there is any nullity here. However, I need more details to comment. My answer was related to your new H1-B, if you were about to file one. I said, that if you had gotten your H1-B with a University/Research Institution as your current employer and then you were about to get a new H1-B with a corporation, then you will be counted against the quota and you will not be treated as a H1-B transfer. Therefore, since there is no more quota valid for this year, you will have to wait for another year.

Hope there are no communication-gaps here.
 
Thanks for good advises Poon!

I mentioned on I-129 form that my immigration petion (I485) is pending and I enclosed a seperate letter (duly signed by director research) explaining about I-140 approval, date of filing I 485 etc too. My previous and present employers are Universities and I am a professor in both places with similar durties.

I just applied H1B to have a back up if in case EADs get stuck somewhere. Now I pray it should not get complicated.
 
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