Question for Jaxen/Jim & anyone who can help

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Nice_guy73

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

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...
 
Where are Jim/jaxen ??

Hi,

I was looking for your reply on the above query too... Would appreciate if you can respond as I am also in the same boat..

Thanks

Rahul
 
As far as I understand, once a person enters on A.P his status is "Adjustee" for G.C. He is no more on H1. Hence the H1 approval even though arrived after you landed using A.P cannot be used.

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Disclaimer: I am not a lawyer, and this is not an advice. Please consult an immigration attornery.
 
First off bzymm is wrong. you can use AP but still be on H1. Nice guy, yours is a perfect case. Since a H1 was pending, your AP usage will not void the H1 extension. Yes You can do a H1 transfer (as long as it is less than 6 yrs from your first entry into US on h1).
And get married soon, EAD (for both of U) is safe haven compared to H status.
 
Thanks for your reply Jaxen

Hi Jaxen,

Thanks for your reply. I know my case is a classic one and has a lot of gray areas...I think I will go with H1 transfer at this point. My only worry is is that I have a satmp on my passport which says "Parole until: Dec 31". I hope that will not create any problems for me when I am travelling back to US or go to the Indian consulate for H1 stamping of new H1 or for that matter H4 for my would be.

Thanks again for your advise

Nice guy
 
One more Question Jaxen

Hi Jaxen,

Thanks for your reply. I have another question for you since you said H1 transfer will not be a problem. Do I need to use Act 21. If yes do i need to use it before my H1 transfer filing or after I get my H1. Also what letter I have to send it to INS. Is there a format. ?? Pls let me know if there is any link....Any implications of sending this...

Pls let me know..

Thanks a ton buddy !!!
 
No AC21 is not related to H1 renewal. However expect that the question be asked by the visa officer when you go for H1 transfer.
The result of your bungled answr might vary from h1/h4 denial (not likely) to information passed onto INS that company is not the original sponsoring company. This is not also not likely..
 
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