Urgent - H1 transfer denied - New H1 approved- EAD

4beegie

Registered Users (C)
Sorry for posting this message in the forum but its urgent please.thanks

My wife and I received our Advance Parole approvals yesterday for our AOS(485). My wife also received her EAD in mail today, which was approved on June 7th. So she can work for anyone now.

I have another issue that I need your advice on. My wife had recently changed her job and had applied for H1B transfer/extension to work with the new employer. She had an H1B with her previous employer, which was valid until June 2006. Her previous employer had never revoked her H1B. She worked with her previous employer until mid December 2003. She got an offer from her new employer by mid January 2004 and applied for her extension by late January.

Today, she rec'd her NEW H1B approval which is valid till Feb. 2007, although her transfer/extension for the previous H1B was denied. It states that she was out of status for 5 weeks before she joined her new job and that she needs to go out of the country and get a new visa stamp.

-What do you think are the implications of this denial.
-Do you think she can continue working with her current employer on the basis of this NEW H1B approval ( this approval notice, doesn't have I-94 at the bottom), or should she use her EAD. What should she do for her I-94.
-Do you think she needs to go out of the country and get a visa immediately, or should she use her EAD since its not advisable to travel abroad while AOS is pending.
-Do you think this might have some implication on our ( or specifically her) AOS.
-Do you think we need not worry about anything related to H1B if she uses her EAD as H1B doesn't hold good after using the EAD.

please let me know what you all think and what can be done.

Thanks
 
seek legal advice

4beegie said:
Sorry for posting this message in the forum but its urgent please.thanks

My wife and I received our Advance Parole approvals yesterday for our AOS(485). My wife also received her EAD in mail today, which was approved on June 7th. So she can work for anyone now.

I have another issue that I need your advice on. My wife had recently changed her job and had applied for H1B transfer/extension to work with the new employer. She had an H1B with her previous employer, which was valid until June 2006. Her previous employer had never revoked her H1B. She worked with her previous employer until mid December 2003. She got an offer from her new employer by mid January 2004 and applied for her extension by late January.

Today, she rec'd her NEW H1B approval which is valid till Feb. 2007, although her transfer/extension for the previous H1B was denied. It states that she was out of status for 5 weeks before she joined her new job and that she needs to go out of the country and get a new visa stamp.

-What do you think are the implications of this denial.
-Do you think she can continue working with her current employer on the basis of this NEW H1B approval ( this approval notice, doesn't have I-94 at the bottom), or should she use her EAD. What should she do for her I-94.
-Do you think she needs to go out of the country and get a visa immediately, or should she use her EAD since its not advisable to travel abroad while AOS is pending.
-Do you think this might have some implication on our ( or specifically her) AOS.
-Do you think we need not worry about anything related to H1B if she uses her EAD as H1B doesn't hold good after using the EAD.

please let me know what you all think and what can be done.

Thanks


Laws have become funny might want to talk to one or two different lawyers.
 
I am in the process of talking legal advice as well. thanks

Also the details of my AOS-
Eb2, concurrent
140 - 2nd April '04 - pending
485 - 26th April '04 - pending
EAD - approved(wife's) 7th June '04
AP - approved 7th June.
FP - completed 3rd June '04

Could be that our case be a part of the pilot program.. please advise about the H1 / EAD isssue posted above.

Thanks
 
I don't see an issue here...

But you should have applied your 485 before she quit the other company. Otherwise out of status might be a problem. But as long as she didn't stay in the country for more than 90-days illegaly that is OK. I think...

No need to get it stamped. I think....

Work on H1.

Take legal advise...
 
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