Questions on EAD / H1 / Change Company / Salary etc

[jack23]

Hi,
I've been reading a lot on these forums and have a few questions.

My current status is:

Started on H1B with CompanyA in Oct 2005.
Filed 140 & 485 in Aug 2007 (PD is Feb 2007. Filed as EB2)
H1B expired Oct 2008, got approved extension till March 2010 (end of 6th yr)
Renewal EAD approved till Mar 2011 (2 yrs)
Wife has similar status H4 till March 2010, approved AP and EAD.
I and my wife last entered the country in April 2009 using Advanced Parole.
Currently have a valid 797 for H1B but visa stamp is expired

Questions:

1) What is my current status? H1 / Parolee pending AOS?

2) What is my Wife's status? H4 / Parolee pending AOS?

3) My wife wants to start working on her EAD. If she does, she loses her H4 status? Any issues/things to take care of before she starts working?

4) What do I have to do to start working for my current CompanyA on my EAD instead of H1B? Does the H1 remain valid if I'm working on EAD? Will I be able to renew H1 in March 2010 if I'm working on EAD? (The reason I want to work on EAD is so I can work multiple jobs)

5) Lets say I get a 3 yr H1 renewal based on approved 140 and pending 485. In the future, if my 485 is denied, will my H1 (which was approved based on the pending 485) also be revoked? to get a new H1, will I have to go out of the country for 1 yr?

6) Related to # 5 above: If I start using my EAD now instead of H1, will I be saving my 6th yr of H status? So if 485 is denied in the future, will I be able to get an H1 immediately instead of going out of the country for 1 yr? In that case, will it be a new H1 (quata based) or a renewal H1 (quota doesn't apply)?

7) CompanyB is ready to hire me (EAD) on the same position as I have in CompanyA.
a) Who sends the letter for AC21? The company or me?
b) Does CompanyB have to give me a minimum salary of what's mentioned in my Labor that was filed by CompanyA? Or can they give me less?
c) Is there a problem if CompanyB is owned by a close relative (sibling - US Citizen)?
d) Is there any paperwork that CompanyB has to do for my 485 to be approved in the future?


Thanks in advance for reading the whole thing and answering my questions.

 

[EricS]

See answers (my opinion) in-line.

Hi,
I've been reading a lot on these forums and have a few questions.

My current status is:

Started on H1B with CompanyA in Oct 2005.
Filed 140 & 485 in Aug 2007 (PD is Feb 2007. Filed as EB2)
H1B expired Oct 2008, got approved extension till March 2010 (end of 6th yr)
Renewal EAD approved till Mar 2011 (2 yrs)
Wife has similar status H4 till March 2010, approved AP and EAD.
I and my wife last entered the country in April 2009 using Advanced Parole.
Currently have a valid 797 for H1B but visa stamp is expired

Questions:

1) What is my current status? H1 / Parolee pending AOS?
------- Parolee pending AOS. You can still work on H1 and do not need to use EAD.
2) What is my Wife's status? H4 / Parolee pending AOS?
------ Parolee pending AOS. If you keep your H1, her H4 stays valid.

3) My wife wants to start working on her EAD. If she does, she loses her H4 status?
----------- Yes

Any issues/things to take care of before she starts working?
------- If you can, make sure your 140 does not get denied/revoked and your 485 does not get denied. Else her status will not be preserved.

4) What do I have to do to start working for my current CompanyA on my EAD instead of H1B?
------ You need to give new proof of eligibility to work. So instead of H1, you need to give a copy of EAD.

Does the H1 remain valid if I'm working on EAD?
----- No

Will I be able to renew H1 in March 2010 if I'm working on EAD?
(The reason I want to work on EAD is so I can work multiple jobs)
---- You may be able to renew, but it will become invalid again as you keep working on EAD.

5) Lets say I get a 3 yr H1 renewal based on approved 140 and pending 485. In the future, if my 485 is denied, will my H1 (which was approved based on the pending 485) also be revoked?
---- No
to get a new H1, will I have to go out of the country for 1 yr?

6) Related to # 5 above: If I start using my EAD now instead of H1, will I be saving my 6th yr of H status?
---- I think so, Yes.
So if 485 is denied in the future, will I be able to get an H1 immediately instead of going out of the country for 1 yr?
----- You may get it but without 1-94. Then you will have to go out for stamping anyway.
In that case, will it be a new H1 (quata based) or a renewal H1 (quota doesn't apply)?
----- When you were on H1, you are not counted in quota if you reapply with in a certain time. That time is either 1 year or may be 3 years, not sure on time period.

7) CompanyB is ready to hire me (EAD) on the same position as I have in CompanyA.
a) Who sends the letter for AC21? The company or me?
----- You
b) Does CompanyB have to give me a minimum salary of what's mentioned in my Labor that was filed by CompanyA? Or can they give me less?
----- They have to give the same, few dollars up or down should not matter but it cannot be like offered was 90 K and now you are getting 70 K.

c) Is there a problem if CompanyB is owned by a close relative (sibling - US Citizen)?
---- That company cannot sponsor your LC, but AC21 should be fine.

d) Is there any paperwork that CompanyB has to do for my 485 to be approved in the future?
---- Give you a permanent job offer ( and letter).

Thanks in advance for reading the whole thing and answering my questions.

 

[jack23]

Hey Eric,
thanks a ton for answering all my questions.
One last question. Is it possible for my wife to use the EAD to work while I continue on H1 status?

 

[EricS]

Hey Eric,
thanks a ton for answering all my questions.
One last question. Is it possible for my wife to use the EAD to work while I continue on H1 status?

Yes, and you already know she will loose her H4 status.