Ungent question about H-1 trasfer and EAD

[Heidi Gao]

Here's my situation:

I'm switching to a new employer and my previous H-1 expires in 30 June, 2006. The HR from the new employer told that they will submit my H-1 transfer ASAP, and I can start to work once we get the receipt from DHS. However, since the normal H-1 transfer now takes 4 month, I'll surely be out of status by the end of June (Is it ture??). Instead, she suggests to do the expedite application, which I need to pay the 1000$ fee myself.

To save the 1000$, one option I have is to apply EAD immedietely (I applied I485 last Aug in EB2/NIW)--if I don't get my H-1 transfer by the end of June, I'll use EAD instead. However, the HR lady said that if I do so, we need to notify the DHS and might need to resubmit the H-1 transfer (Is it ture? I felt she is a jerk and trying to make my life miserable!).

Also, what I don't really know is that once I apply the EAD, can I still choose to stay with H-1?

 

[I485applicant05]

my understanding

Since your H1B will expire soon, I guess you need to get a H1B transfer (to new employer) and at the same time a H1B renewal (for another 3 years). The normal process probably does take longer. But with premium process it should take 2-3 weeks.

You should have no problem applying for a new EAD -- but you need to make sure you have over 90 days left so if the EAD does not arrive you can then ask for an interim EAD immediately. Applying EAD and H1B at the same time should have no problem -- they are completely independant.