Transferring to a new employer

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indiandude1

Registered Users (C)
I work for a University on an H-1B. I have a I-140 EB2-NIW (not employer based). I also have an EAD which was issued for my F-1 OPT (and expired many years ago). I do not have a I-485 (pending or current) since I am visa retrogressed.

Can a for-profit employer hire me on the basis of the I-140 and the EAD without having to apply for another H-1B? What if the work involves international travel?

If not (and I am guessing not), can I start work while my H-1B is pending?

The nature of the work is not exactly (its close but somewhat different) the same (though it uses skills on record with many CVs submitted with previous H-1B petitions) so I am not sure if I can use AC21 portability or transfer (correct me if I am wrong).

Can someone please answer this?
 
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indiandude1 said:
I work for a University on an H-1B.
I have a I-140 EB2-NIW (not employer based).

I also have an EAD which was issued for my F-1 OPT (and expired many years ago).
--------------That EAD has no value but if that EAD has A# on that EAD then in future Write the A# that is on EAD on Future forms like I-485, EAD AP
I do not have a I-485 (pending or current) since I am visa retrogressed.
-------- for India EB2 PD becomes current in July if your I-140 was filed before 8 March 2007 and you can file I-485, EAD AP

Can a for-profit employer hire me on the basis of the I-140 and the EAD without having to apply for another H-1B?

-----I-140 is for GC(future Job). if you want to join new employer then new Employer should file H1 transfer with USCIS and join only AFTER H1 transfer gets approved(FYI at this time USCIS asks lot of documents at that time from employer and it is better to join after H1 gets approved. Many prefer to file H1 through Premium Processing so that one gets results in 20-25 days from the date of filing.

What if the work involves international travel?
--- get Visa, Air ticket and do the work.

If not (and I am guessing not), can I start work while my H-1B is pending?
---Read Above
The nature of the work is not exactly (its close but somewhat different) the same (though it uses skills on record with many CVs submitted with previous H-1B petitions) so I am not sure if I can use AC21 portability or transfer (correct me if I am wrong).
-------Why don't you go to a good lawyer for all of your concerns and seek legal advice?
Can someone please answer this?
Click to expand...
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Hi Gurus,
Please respond my queries , I will really appreciate it. I am on H1B visa in my 5th year. My wife went to India and her H-4 was denied. Then a letter was sent to my company from USCIS that USCIS received the request from state department to review my case , they will review my case and let me know. I searched new employer and they are ready to transfer my H1B. My question is
1) Can I transfer my H1b in this case
2) Is it ok to join new employer
3) when can I join new company
4) what will happen if I join new company after H1 transfer and USCIS send a RFE to my old company
5) What if my old company revoke my H1b and don't respond to RFE

Thanks in advance
Monika
 
Hello Mr Ginnu,
Thanks for your quick resposne. Let me explain my case again. My hubby is on H1b visa in USA from past 5 years. Last year I went to India alone and appeared for interview in Delhi consulate. They gave me 221g and my hubby submitted all the docs, but after 8 months of wait , they denied. The document says "The petitioner does not appear to be able or willing to provide qualifying employement for the principal applicant in USA in accordance with appropriate law and regunation.". After 2 weeks when my hubby's company received the notice that "USCIS has received the request from state department to review the request.We will review and let you our decision or if we need any docuemnts". My hubby work in E->V1->V2->Client model and he has never been in bench. These days because of emplpyer employee issues my hubby was worried so he searched the job , which is very big vendor and has direct project in banking and finance. So no more vendor layers. Since its project given to new company , so he thinks its ok. He asked new employer to start H1b transfer in premium processing. My question is :
1) Since my current H1b under review then can we transfer our H1b to new company
2) My husband will only join new company if new H1b is approved ( not on h1b filing receipt ), so what will happen after joining new company his old company receive RFE or anything from USCIS and what if my old company decide not do answer that REF as I am not being with that company ? will that effect any status with the new company and USCIS can revoke my new H1b base on that.

Thanks in advance
Regards
Monika
 
monikainusa said:
Hello Mr Ginnu,
Thanks for your quick resposne. Let me explain my case again. My hubby is on H1b visa in USA from past 5 years. Last year I went to India alone and appeared for interview in Delhi consulate. They gave me 221g and my hubby submitted all the docs, but after 8 months of wait , they denied. The document says "The petitioner does not appear to be able or willing to provide qualifying employement for the principal applicant in USA in accordance with appropriate law and regunation.". After 2 weeks when my hubby's company received the notice that "USCIS has received the request from state department to review the request.We will review and let you our decision or if we need any docuemnts". My hubby work in E->V1->V2->Client model and he has never been in bench. These days because of emplpyer employee issues my hubby was worried so he searched the job , which is very big vendor and has direct project in banking and finance. So no more vendor layers. Since its project given to new company , so he thinks its ok. He asked new employer to start H1b transfer in premium processing. My question is :
1) Since my current H1b under review then can we transfer our H1b to new company
---------- You said you left for India????
2) My husband will only join new company if new H1b is approved ( not on h1b filing receipt ), so what will happen after joining new company his old company receive RFE or anything from USCIS and what if my old company decide not do answer that REF as I am not being with that company ? will that effect any status with the new company and USCIS can revoke my new H1b base on that.

Thanks in advance
Regards
Monika
Click to expand...
Who is waiting for H4 in India? Monica or her husband?
 
H1B Status and Use of Advance Parole Document

Hi,
I came to India for getting my visa stamped from my employer. I got stuck due to 221g Security Clearance.
It took 4 months to obtain Security Clearance, but, by that time, my Employer terminated my employment.
I am currently in India and Planning to use my Advance Parole Document for my travel to USA.
Even though, I have a Valid H1B Visa stamped in my passport from my previous Employer valid till, March 2013, I can't use the same, as my employment has been terminated by the petitioning Employer, while I am in India.
Meanwhile, I tried to reach a Consulting Company to sponsor me a New H1B under non-cap, but, USCIS is insisting Client Letter and Purchase Orders to file a New H1B. Since the consulting company doesn't have Client Letter and PO, they have put on hold my H1B application.
I am getting married in October and planning to take my wife along with me. I don't have any Employer right now.

I have following valid documents:
1. Valid H1B visa stamped in my passport ( expires March 2013).
2. Valid Advance Parole Document ( expires Nov 2011 ).
3. Valid EAD card ( expires Nov 2012).


Could anyone Please clarify the following concerns.

1. If I plan to use my advance parole, which expires on Nov, 2011.
Will it cease OR make void of my H1B status?.

2. If using my advance parole document voids my H1B status, how can i change to H1B status, so that, I can bring my wife on H4 visa?.

3. Do I need a Offer Letter for using my Advance Parole Document to show it to the officer at Port of Entry ?.

4. if i come using Advance Parole to USA, is it mandatory that, I use my EAD for employment?.
how can i use the valid H1B visa for my employment after using Advance Parole?.

5. Can a New H1B application be filed without Client Letter and Purchase Order ?.

6. Can a New H1B application be filed in USA, after my travel to USA using Advance Parole?.


Kindly Guide.
 
As of now, you don't have a valid H1 status since you got fired from your h1 job and your h1 transfer is on hold. You cannot travel to US on your valid visa.

Only option is for you to travel using your parole document. Employment offer is not required at the port of entry if you use Advance parole.

Who filed your I-140 petition? Is your I-485 currently pending? Is that employer still willing to hire you on your green card?

Your wife cannot join you if you use Advance parole.

You cannot get a new H1 without providing all evidence asked for by the US consulate.

After you arrive in US a new H1 may be filed but outcome is not guaranteed. Your wife will have to face same documentation requirements for H4 as you did for H1.
 
Hi nkm-oct23,

Thanks for answering.

I plan on using Advance Parole. My status will become "Parolee" after i use AP.

I don't plan to use my EAD, as it nullifies H1B status.

After entering USA, To retain H1B status, Can i transfer my H1B visa to another employer(direct client) in USA?

My 140 was filed in 2005 by company A and I have changed couple of companies after that.
Yes, I-485 is currently pending. No, he is not willing to hire me and I don't have my Green Card.
 
maintainh1b said:
Hi nkm-oct23,

Thanks for answering.

I plan on using Advance Parole. My status will become "Parolee" after i use AP.

I don't plan to use my EAD, as it nullifies H1B status.

After entering USA, To retain H1B status, Can i transfer my H1B visa to another employer(direct client) in USA?

My 140 was filed in 2005 by company A and I have changed couple of companies after that.
Yes, I-485 is currently pending. No, he is not willing to hire me and I don't have my Green Card.
Click to expand...

You don't have a valid H1 status at this time, therefore the question of transferring/retaining it does not arise. IF you wish to go back to H1, your employer should file for a NEW H1, not H1 transfer.
If your I-140 filing employer is not willing to hire you, you should find someone who can hire you for a similar position and salary promised in your I-140. This letter form the new employer is a requirement before your I-485 gets approved.
 
Hi nkm,
Thanks for the answer.
Please confirm me, whether, I need an offer letter, if I travel using advance parole? I will use EAD for work.

Will the IO at POE ask me, where do I work?
what will happen, if i say , no?
Will i get deported?
 
maintainh1b said:
Hi nkm,
Thanks for the answer.
Please confirm me, whether, I need an offer letter, if I travel using advance parole? I will use EAD for work.

Will the IO at POE ask me, where do I work?
what will happen, if i say , no?
Will i get deported?
Click to expand...

You have a chance of being deported. If the employer who filed the I-140 on your behalf canceled the process for you - the advance parole document may already be null and void.
 
Hi littleadv,
the greencard petitioning employer hasn't revoked my I-140.
Can i still travel using advance parole with no job offer?.
 
littleadv said:
You have a chance of being deported. If the employer who filed the I-140 on your behalf canceled the process for you - the advance parole document may already be null and void.
If the employer revoked his I-140 and his I-485 is pending for 180 days then he/she is eligible for AC21. EAD, AP are NOT based on I-140. EAD AP are based on his/her Pending I-485. if his I-485 is still pending he/she can use the EAD for work and can use AP for Travel. EAD ,AP Do not become Void if the employer who filed I-140 revoke the I-140. EAD, AP are related with I-485
Click to expand...
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