Urgent suggestions needed

M

moden

Registered Users (C)
My concurrently filed 140 (EB1 EA) and 485 are pending. 765 was approved and have EAD in hand.

My current H1B is expiring soon. I got an offer from another employer (university). They are willing to file a H1B extension but due to extensive paper work which is a must for the university, they would be unable to file it before the expiry of my current H1B. They are encouraging me to use the EAD to start with, and in case of denial of 140 they would file a H1B petition.

My questions are

1. Is it possible to get a H1B filed for me after I started using EAD?
2. If such petition is approved, can I continue to stay and work or a new H1B stamping is required at a consulate abroad.

I would very much appreciate your suggestions.
 
1. As far as I know if you use EAD you cannot go back to H1B.

2. You do not need a stamping as long as you do not leave the country. You need H1B stamping to reenter. The aproval notice is good to stay and work in this country. But if you have AP you can use that for traveling, that case do not need a visa stamping. You can use AP without using EAD.

It is easy to get academic H1B as it's not under the cap and you can file for PP. Which center is handling your EB1? You can also apply for PP.
 
Thanks

Hi Eb1
Thanks for your reply.
If I understood you correctly, you suggest me not to use EAD and wait until the approval comes through (premium processing). In this case what will be my status from the date of expiry of my I-94 to the date of me starting the job?
Thanks
 
check with your next university about H1B transportability... I was in similar situation last year and I was able to start working in my current university just after receiving a receipt notice of H1B application. only difference is that I still had a valid H1B from my previous university but as far as I know H1B totally depends on employer to employer. So I don't think you have a completely different situation than me.. anyway better please check with your international office for details. I didn't had to file PP and the approval letter came even after 3 months I join this university. I never had any problem and got visa stamped on my passport recently too.
 
Hi
Moden
My wife was on J2, she joined as a post doc, and worked on EAD. Then later on when I changed to H1 she had a H1 of her own, So at that time she was able to get H1 from J2/EAD. I am not sure if this applies to you, I am under the impression that EAD is EAD, no matter what visa you are in now.
EAD should be viewed as a temporary document which allows you to work, during a process of change, but this can not be a basis for denial of H1??? at least this is what I understand.
Another point, portability of H1, you can change your employer but the new employer can get a H1 done for the remaining part of your stipulated H1 period.
But after your i140 approval you can get an extention of 3 years (I belive-look into some of the post in this forum) but again i saw this with guys with retrogressed situation, so I am not sure if retrogression is part of the eligibility for getting the 3 year extention based on approved I140.
good day
Rama
 
J2 EAD or L2 EAD are completely different from 485 EAD. I know for fact that you cannot go back to H1 if you got EAD while waiting for 485 approval.


Also I think, if you have already applied for another H1b, that allows you to stay in this country after you receive the notice. But I am not 100% sure, please check with the University international office.

If you have your I140 approved, then there's much less risk in using EAD as 485 rarely gets denied. But I would not lose my H1B status until I140 approval.
 
Last edited by a moderator:
Hi pana,
Yes the difference is crucial that my h1B is expiring in February 07 and the university that has offered me a position might not be able to file the H1B extension petition before this time even though they are trying hard.

Hi Rama
EAD obtained by a J-2 non-immigrant is different from the 1-485 linked EAD.

Hi Eb1a-query
thanks for your response. I also wish and pray that my 140 is approved soon. It is pending at TSC since early October 06 (see my signature). I haven't heard anything about it. The only LUD was on Oct 5th. When I read thorugh the 140 TSC forum, I found lot of cases with receipt date much later than mine had been approved. Is there a chance that my case will be approved before February 07? If it is approved I would be comfortable using EAD.
 
eb1a-query said:
Moden, why don't you go for PP? TSC has higher rate of approval.
Click to expand...

Hi eb1a_query,
Thanks for the suggestions. Due to tough financial circumstances I am unable to apply for PP. Even if I take a loan from friends and apply for PP, I will be stuck if they issue me an RFE or in worst possible scenerio a denial. I am worried about that especially after seeing Madgu's situation.
 
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