Two vital questions for Gurus. Please help !

[rajbalu1]

- I file AC21 with a company and start working on EAD. Down the line there are issues with GC and my 485 is in jeopardy. At this point Can I file H1 with the company and go back on H1 status after having worked on EAD?

- If I file the 8th year extension(I am currently on 7th year) based on the labor application that was filed by my ex-employer and if my ex-employer successfully revokes 140. At this point, is my 8th year H1 extension still valid?

 

[bjorn]

I think your H-1B extensions are only valid as long as your I-485 case is queing. If the GC aplication is denied, I think the H-1B extension becomes invalid since that is tied into the GC process. You can go back to H-1B status, but if you lose that status for a while I believe (but I am not sure) that you have to file as a new applicant, meaning that you are subject to the cap that is already reached for the next fiscal year.

 

[dyingforgc]

- I file AC21 with a company and start working on EAD. Down the line there are issues with GC and my 485 is in jeopardy. At this point Can I file H1 with the company and go back on H1 status after having worked on EAD?

Yes. you can go back to H1-B status. I answered your this question in your another thread as well. If your H1-B is valid with any of your previous employers, you can go back to H1 by going out of US, coming back on H1-B status.

However, your situation is different since you already are on 7th year H1-B (which is based on pending labor) and if your I-485 is denied, your H1-B status becomes void (no pending application- no basis for H1-B to remain valid).

- If I file the 8th year extension(I am currently on 7th year) based on the labor application that was filed by my ex-employer and if my ex-employer successfully revokes 140. At this point, is my 8th year H1 extension still valid?