Urgent help needed pls help. H1 to EAD to H1?

S

shmuupie

New Member
Hi, my BIL was on H1, and lost his job, then he moved on to EAD, which he hadnt because my sister was on h4, then my sister got a job and went to home country to get it stamped as advised by their lawyer. Now her visa got rejected, maybe bec the company she got the job in is not very big. Anyway now for her to come back, my BIL has been advised to go back on H1.

My questions are:
1) How safe is it to go from EAD to H1
2) Is it true that if you are on EAD and then if you try to go back to H1 the chances of it getting rejected are high? And if your H1 gets rejected then there are chances that your EAD will also get rejected?
3) How long does it take to move from EAD to H1

Any insights/suggestions/advises on the above would be greatly appreciated.
Thanks
 
1. In general, there is not much risk, and even thought gets rejected, he still has EAD.
2. There is a chance that he may get H1 approval without I-94, because it may not be considered as change of status between non-immigrant visas. If he got H1 approved without I-94, he needs to travel.
If he is luckly, his H1 may get approved with I-94.
3. the same as the regular H1.
 
Is there something like a premium processing, like the H1 does, so that the conversion can take place with in 15-20 days?
 
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