Switching to H1b from AOS

S

sambats

Registered Users (C)
MY I-140 was approved and I-485 filed in Jan'03 @csc. Then I switched jobs in Dec'03 using EAD.

can I switch to H1b with my present employer ...get my spouse here from India on H4 and file for her 485..???

Is this weird thing to do ?? I hope this wont have any Implication on GC.


thanks
 
You can only get H1-B if you go out of the country. Since using EAD you have relinquished your H1 status.

HTH
 
I am not sure about it, but I think you can switch to H1 again. Your new employer needs to process your H1. Whether it will be considered H1 transfer or a new H1 that I don't know. If it is considerd new H1, then it falls under H1 cap. And for 2004 fiscal year H1 cap is already finished.
If it's possible to go back to H1 at all, I don't see any implication in GC because as long you are in status, you are fine.
 
If you have time left on H1b visa, you can file for extension of the same. If not then you need a fresh H1b done for you.

Go to your home country, get it stamped and same time get your wife's h4 stamped. Enter USA and you are on h1 visa status.

If there is any issue(which should not be), then file CP for her.
 
I was saying

1) Anybody who has done this thing.
2) I was asking for moderators opinion on the issue.
 
One of my friends has been in similar position.

You will have to file a new H1 and if it is less than 365 days since your last H1 has expired, or in your case, switched status, it is not subject to H1B-cap .

Good Luck!

Please consult any attorney for further clarification.
 
Last edited by a moderator:
sambats said:
I was saying

1) Anybody who has done this thing.
2) I was asking for moderators opinion on the issue.
----- do you think all moderators are experts????
Click to expand...
 
hathwar said:
You can only get H1-B if you go out of the country. Since using EAD you have relinquished your H1 status.

HTH
Click to expand...

Do you mean that the only way to get a new H1B after AOS is to apply H1B out of USA? Then I think that it is necessary to have your AP ready while doing this. AP will be your backup in case your H1B is refused.

A related question is: after you get a new H1B, is there any effect on your EAD?
 
make sure by applying for another H1B after you have used EAD does'nt mean that you abandoned your 485 (get a few lawyers opinion)
 
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