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Should I use EAD or file new H1?
- Thread starter Avalon
- Start date
But
Thanks for the prompt reply. But this is a pure case of successor in interest. The old company still exists. Only the division where I was working is acquired by another company. The location and job remain the same.
If I get RFE then can I not get letter from new employer and produce, the job has not changed. Secondly, under the 180 days rule also, I have to inform INS of job change so INS will come to know any way. Whether I file H1 or I inform them after 180 days.
So what is the disadvantage in having H1 or advantage in USING EAD?
I agree with you but only in case where I have changed to a new company. This is a different case. It is similar to M&A case. Please help...
Thanks for the prompt reply. But this is a pure case of successor in interest. The old company still exists. Only the division where I was working is acquired by another company. The location and job remain the same.
If I get RFE then can I not get letter from new employer and produce, the job has not changed. Secondly, under the 180 days rule also, I have to inform INS of job change so INS will come to know any way. Whether I file H1 or I inform them after 180 days.
So what is the disadvantage in having H1 or advantage in USING EAD?
I agree with you but only in case where I have changed to a new company. This is a different case. It is similar to M&A case. Please help...
No Title
You can work for new employer with your EAD.
INS expects you to inform about the job change while you are on AOS.
But it is not necessary., or it is not a rule. Like you expect INS to process your AOS within 180 days, INS just expects you to inform about your job change.
If INS sends you RFE and if it is within 180 days you can show your previous employer\'s pay stub ( are you getting it?).
But my advise is do not inform or apply for H1 until 180 days are over.
You can work for new employer with your EAD.
INS expects you to inform about the job change while you are on AOS.
But it is not necessary., or it is not a rule. Like you expect INS to process your AOS within 180 days, INS just expects you to inform about your job change.
If INS sends you RFE and if it is within 180 days you can show your previous employer\'s pay stub ( are you getting it?).
But my advise is do not inform or apply for H1 until 180 days are over.
No Title
Thanks puyvan,
I learnt somwhere here on this forum that in case of RFE, I have 78 days to respond. With current back log, INS is too busy to issue any RFE and I am already outside (180-78= 102) days.
But what is the disadvantage in working on H1? That will helpme to decide the gotchas with H1.
Thanks puyvan,
I learnt somwhere here on this forum that in case of RFE, I have 78 days to respond. With current back log, INS is too busy to issue any RFE and I am already outside (180-78= 102) days.
But what is the disadvantage in working on H1? That will helpme to decide the gotchas with H1.
carter yen
Registered Users (C)
No Title
Hi, Avalon :
I am in the same boat with you. My company got acquired by another company. The case is a totally "successor in interest". The deal will be closed during next month and I think the new company\'s lawyer is trying to amend H-1b for me. According to the new law, H-1b doesn\'t need to get a new visa but must inform INS to update some information when there is a M&A. So, I don\'t know what is better to have EAD or
H-1b right now. Since I didn\'t apply EAD when I sent I-485 application to CSC, I probably go with H-1b.
I bet on CSC won\'t give me RFE before 180 days is over, even though I still have 81 days to go to reach 180 days. I guess CSC gives most RFE for I-485 when the FP is done. And right now FP notice issuing is so slow and I bet when I done with FP, the 180 days would pass already.
But I recommand you to consult your attorney first.
Hi, Avalon :
I am in the same boat with you. My company got acquired by another company. The case is a totally "successor in interest". The deal will be closed during next month and I think the new company\'s lawyer is trying to amend H-1b for me. According to the new law, H-1b doesn\'t need to get a new visa but must inform INS to update some information when there is a M&A. So, I don\'t know what is better to have EAD or
H-1b right now. Since I didn\'t apply EAD when I sent I-485 application to CSC, I probably go with H-1b.
I bet on CSC won\'t give me RFE before 180 days is over, even though I still have 81 days to go to reach 180 days. I guess CSC gives most RFE for I-485 when the FP is done. And right now FP notice issuing is so slow and I bet when I done with FP, the 180 days would pass already.
But I recommand you to consult your attorney first.
You are right
You are right Carter Yen,
With delays in INS in all service centers, it is likely that no one will get RFE before 180 days. Also, it is my observation that during 485 stage, RFE is issued only after FP. Right now, it takes more than 6 months for INS to issue FP notices. So how come there can ne RFE?
Please comment.
You are right Carter Yen,
With delays in INS in all service centers, it is likely that no one will get RFE before 180 days. Also, it is my observation that during 485 stage, RFE is issued only after FP. Right now, it takes more than 6 months for INS to issue FP notices. So how come there can ne RFE?
Please comment.
carter yen
Registered Users (C)
No Title
I think those RFEs are for pay stub, photo, medical exam and employment letter etc., Not related to M&A issues......
I hope I am right...according to my observation Since June I don\'t see any RFEs are about redo I-140 or related to M&A posted on this board !!!
Any comments ???
I think those RFEs are for pay stub, photo, medical exam and employment letter etc., Not related to M&A issues......
I hope I am right...according to my observation Since June I don\'t see any RFEs are about redo I-140 or related to M&A posted on this board !!!
Any comments ???
Please help.
What is the disadvantage in going on H1?
As far as I know, if I USE EAD then in case if I am laid off then I can not switch to H status. That is, say if my 485 is denied then the whole GC process is gone. But if I maintain H status then I can file for new GC ( in case if I-485 is denied) until I complete 6 years on H1.
What is the disadvantage in going on H1?
As far as I know, if I USE EAD then in case if I am laid off then I can not switch to H status. That is, say if my 485 is denied then the whole GC process is gone. But if I maintain H status then I can file for new GC ( in case if I-485 is denied) until I complete 6 years on H1.