sept_neb_filler
Registered Users (C)
I was wondering is it possible to switch back to H1b once you have used EAD for say one year if something happens to AOS. Does the quota limitations apply while switching?
- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Question regarding EAD and H1b
- Thread starter sept_neb_filler
- Start date
jkvaisnavi
Registered Users (C)
No.. You can't..
Please spent some time to go thru this forum where people talked about this a lot...
Please spent some time to go thru this forum where people talked about this a lot...
sept_neb_filler
Registered Users (C)
Came across this after posting this message
Is someone who obtained H-1B status three years ago, but has not been maintaining status for the past year, still subject to the quota?
If the individual was in the U.S. during all or part of that year, s/he is not subject to the quota, since AC21 section 103 amends INA section 214(g)(7) to make clear that anyone who already has been counted in the past six years would not be counted again unless eligible for another full six years. However, if the individual had spent that one year outside the U.S., under INS regulations s/he is eligible for another 6 years of H-1B status, and thus would be counted.
This was obtained from portal of a famous immigraiton attorney at this URL : http://www.shusterman.com/h1bfaqaila.html. Please share your views.
Is someone who obtained H-1B status three years ago, but has not been maintaining status for the past year, still subject to the quota?
If the individual was in the U.S. during all or part of that year, s/he is not subject to the quota, since AC21 section 103 amends INA section 214(g)(7) to make clear that anyone who already has been counted in the past six years would not be counted again unless eligible for another full six years. However, if the individual had spent that one year outside the U.S., under INS regulations s/he is eligible for another 6 years of H-1B status, and thus would be counted.
This was obtained from portal of a famous immigraiton attorney at this URL : http://www.shusterman.com/h1bfaqaila.html. Please share your views.
jkvaisnavi
Registered Users (C)
As far as I know, Once you used your EAD, then you CAN'T go back H status anymore...
The one you posted is about being in H/L/B/F etc.. non immigrant visa status i beleive..
The one you posted is about being in H/L/B/F etc.. non immigrant visa status i beleive..
sept_neb_filler
Registered Users (C)
It is possible..confirmed by two lawyers
I called two lawyers and discussed this issue with them. There should be no problem in switching back to H1b. All you will have to do is to leave the country, get the new H1B approved, get the stamp on your passport from the embassy and return. Offcourse it assumes that your AOS has not be denied on the grounds that makes you otherwise inadmissable. Also it will be easiest to do all these while you got a serious RFE (still have valid parrole) and are sure that AOS will be denied.
I called two lawyers and discussed this issue with them. There should be no problem in switching back to H1b. All you will have to do is to leave the country, get the new H1B approved, get the stamp on your passport from the embassy and return. Offcourse it assumes that your AOS has not be denied on the grounds that makes you otherwise inadmissable. Also it will be easiest to do all these while you got a serious RFE (still have valid parrole) and are sure that AOS will be denied.