Question for Jaxen & anyone who can help

N

Nice_guy73

Registered Users (C)
I need some important advice from you l. .

My 485 filing was done in Dec 2001 and I have been working on H1 from day one with my employer. My company had applied for my H1 extesnion which was expiring in Oct 2002. Last year I had to rush to India for personal reasons in Sept 02 & since I did not have an H1 while coming back I used my AP (Advance Parole). When I cam back in Jan 03, I saw H1 extension in my mail. Since I was working with same employer I did not use my EAD. I am now planning to switch to a new employer since my present companys situation is bad & they have also advised to me to look for a new job (kind of layoff). They have promised that they will continue my GC process.

Now my question is

Can I transfer my H1 to another employer or do I need to work on EAD since I used my AP. I know I can easily work on EAD and avoid all the hassels but the reason I dont want to do that is : I am still single and the moment I work on EAD I cannot bring my spouse on H4. So can I transfer my H1 to a new company after using my AP or WILL i need to work on EAD only..? Is there a way to bring my spouse if I work on EAD otherwise.

I would really appreciate your response on this.

Thanks & regards,

Nice guy...
 
1. As you already used AP, you already became adjustee, so you need to fill out I-9 form with your employer with EAD information

2. You can apply for new h1 visa, which won't be h1 extention/ transfer, and that way you can swtich to h1 to get married and bring wife on h4.

3. consult your lawyer ASAP.

4. if new h1 is too much hassle then join next compnay on EAD and start follow to join process for your wife when you get married (this is risky, if your I-485 approve before your marrige and process is also complicated)

Thanks,

JB
 
NOpe ....IT doesnot matter if you have used your AP and then you have to use your EAD. You can still be on H1 even if you have used AP . INS had issued guidelines couple of yrs back and you can find more threads in this fourm where this matter has been disscussed in length.
 
Can he still transfer hi H1 after using AP

Hi,

I am in a similar situation a NIce guy. Can he transfer his H1 after using AP. ?? since you said he can still be on H1....

Rahul
 
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