Problems with going from EAD/AP to H1B

[maybesomeday]

I am wondering if anyone has had experience with this. I have a pending 140/485 application with my former employer. My last H1B expired March 04 (I have 1-2 years left of H1B 6 years). I've used my EAD to work elsewhere. My lawyer says since it's been less than 1 year since my last H1B expired that I can "renew" my H1B status with another employer (not be subject to cap). Is this true? I'm Canadian if that makes a difference.

Also, is this going to set off a bunch of red flags to the USCIS for my 140/485 or get a bunch of RFEs for the H1B application?

If anyone's done something like this before, let me know.

 

[TheRealCanadian]

IMy lawyer says since it's been less than 1 year since my last H1B expired that I can "renew" my H1B status with another employer (not be subject to cap). Is this true?

Yes, but not for the reasons your attorney says. You will be cap-exempt so long as you do not spend at least one year outside the US. Basically, if your 6-year clock gets reset you lose your cap-exemption; the two go together.

I'm Canadian if that makes a difference.

This actually makes the H option much more desirable, since the H combines the functions of the EAD and AP, and it lasts for 3 years instead of 1. You don't need a stamp so it's even better.

Also, is this going to set off a bunch of red flags to the USCIS for my 140/485 or get a bunch of RFEs for the H1B application?

It shouldn't, but I'm curious if you intend to work for your I-140 sponsor when the I-140 is approved. USCIS might be, too.

 

[maybesomeday]

Yes, but not for the reasons your attorney says. You will be cap-exempt so long as you do not spend at least one year outside the US. Basically, if your 6-year clock gets reset you lose your cap-exemption; the two go together.

Ok, thanks.

It shouldn't, but I'm curious if you intend to work for your I-140 sponsor when the I-140 is approved. USCIS might be, too.

Sure I fully intend to, if they let me. So maybe to be safe from time spent on RFEs/denials we'll sit on the current EAD/AP.

So, do you miss Tim Horton's? I don't but people seem to ask me that. When you have Krispy Kreme why would I want to go back to a soggy apple fritter now?

 

[TheRealCanadian]

So, do you miss Tim Horton's? I don't but people seem to ask me that. When you have Krispy Kreme why would I want to go back to a soggy apple fritter now?

I've never cared much for donuts, so the Canadian fascination with Tim Horton's and bad beer escapes me.

 

[maybesomeday]

I've never cared much for donuts, so the Canadian fascination with Tim Horton's and bad beer escapes me.

Bad beer? Maybe comparing the avg canadian lager against an european lager. I would still prefer a home grown molson canadian over a budwieser. I also miss my BC microbrews.
Ok, maybe you're thinking about lucky or black label

 

[TheRealCanadian]

I would still prefer a home grown molson canadian over a budwieser.

With all due respect, that's like comparing sheep urine to dog urine. Large brewery beer stinks no matter if it's Anheiser-Busch or Molson.

I also miss my BC microbrews.

I love all sorts of US microbrews, and in the last 10 years there have been a ton of them sprouting up. The level of choice is much greater than that available in Canada, which is probably a sign that the US microbrew market has hit a similar level to Canada's.