Urgent - Advice pls

[yeppo]

My 140 is currently on a RFE responded to status - Education. My problem is that my project is getting over. My current employer who also is my GC sponsor is OK with my taking on a permanent job and as you all know that getting an interview call itself is a problem with the H1. I am currently working on an H1 and my six year validity ends in March 2005. I have a valid EAD till Aug 2005.

1) What will happen if I use my EAD on an unapproved 140 which gets denied. Can I shift back to H1. Again my employer says he will help in any way. I have been with him for a long time since I came here and he is understanding.

2) My nd is Sep 2003 for 140/485. Can I use AC21.

All,

Please give any ideas, suggestions small as they may be as it will help me in coming to a decision.

Yeppo

 

[hathwar]

1) What will happen if I use my EAD on an unapproved 140 which gets denied. Can I shift back to H1. Again my employer says he will help in any way. I have been with him for a long time since I came here and he is understanding.
--------------- Once you use EAD you will loose your H1-B status. you have to get a new H1-B and go out of the country to get a stamp.

2) My nd is Sep 2003 for 140/485. Can I use AC21.
----------- This is a grey area and there lots of threads in this forum regarding this issue.

The best thing is if you can transfer your H1-B to your new employer and wait till the I-140 decision and then use AC21.

HTH

 

[yeppo]

Thanks Hathwar,

Problem is as you may be aware is that it is almost impossible to get an H1 sponsorship from client companies. Lets see.

Rgds,

Yeppo

 

[hathwar]

Yeppo,
You mean to say that your client will not do H1-B?
I am in the same situation and luckily my current client has given me a written agreement that they will wait to hire me as soon as I am ready. I am waiting for my I-140 approval and planning on using AC21( which my lawyer dosen't like very much ).

Good luck.....

 

[jish]

Who says "Once you use EAD you will loose your H1-B status" ?


Using H1 and EAD are totally unrelated. If you happen to use EAD , the employer never sends this info to uscis but keeps a completed form of W-9 for his own purpose, so uscis has no knowledge about it.
It happened with me , i switched from so called your "EAD status" to H1B.
As long as you have your valid H1B you can switch back and forth.
But am not sure what happens if you use AP, i didn't use any.
Inefficient attorneys with semi knowledge pass such kinds of rumours.
Stay away from them.

1) What will happen if I use my EAD on an unapproved 140 which gets denied. Can I shift back to H1. Again my employer says he will help in any way. I have been with him for a long time since I came here and he is understanding.
--------------- Once you use EAD you will loose your H1-B status. you have to get a new H1-B and go out of the country to get a stamp.

2) My nd is Sep 2003 for 140/485. Can I use AC21.
----------- This is a grey area and there lots of threads in this forum regarding this issue.

The best thing is if you can transfer your H1-B to your new employer and wait till the I-140 decision and then use AC21.

HTH