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used ead for a year can I apply for H1 now...Please help
- Thread starter hassoon
- Start date
As I understand from one of my friend(who was in a similar boat of yours during 2002) - they werent sure if his 485 will be approved - becos he was laid off before 180 days. However, his new attorney(when he was laid off, he had to get his own attorney)while taking up the case, simultaneously filed for a new H1 for him - to keep it as a buffer - if incase, his 485 would be denied.
So to my knowledge, you can apply for new H1(however if I were you, I would double-check with an attorney) while you're on EAD.
So to my knowledge, you can apply for new H1(however if I were you, I would double-check with an attorney) while you're on EAD.
Please Help me. I have used my EAD for more than a year. I had total of 3 years of H1. Can I apply for new H1 now without problems, my AOS is still pending, but I believe it will be denied.
---- your employer can apply NEW Fresh H1 for you, once approved go out of US get H1 visa stamped and get I-94 based on h1 visa stamp and enter on H1 status
---- your employer can apply NEW Fresh H1 for you, once approved go out of US get H1 visa stamped and get I-94 based on h1 visa stamp and enter on H1 status
Ginnu - what happens?
Ginnu,
A technical question for your answer to the earlier post - what happens if another company processes my NEW/FRESH H1.
And say I didnt stamp my H1(by going out of US) until my 485 decision is made - and then say it was denied - can I then go out of the country and get the H1 stamp and come in again with the new I-94 based on the new H1 ?
Ginnu,
A technical question for your answer to the earlier post - what happens if another company processes my NEW/FRESH H1.
And say I didnt stamp my H1(by going out of US) until my 485 decision is made - and then say it was denied - can I then go out of the country and get the H1 stamp and come in again with the new I-94 based on the new H1 ?
A technical question for your answer to the earlier post - what happens if another company processes my NEW/FRESH H1.
And say I didn’t stamp my H1(by going out of US) until my 485 decision is made - and then say it was denied
------ You have to go back or file motion to reopen if any new evidence or appeal the I-485 denial. You are not H1 status, as you did not enter on H1 status on the base of Fresh NEW H1, you did not got H1visa based on that NEW H1 and that NEW H1 had no I-94 attached and you did not get any I-94 based on that H1, you cant stay on the base of that new H1 approval notice that is without any valid I-94
-------Can I then go out of the country and get the H1 stamp and come in again with the new I-94 based on the new H1 ?
------ Dear, I think you will have problems to get H1 visa stamp after denial of I-485 because you were in USA not on H1 status. If you are on H1 status with I-94 then denial of I-485 will have no effect on your H1 status, better you should be on H1 status before I-485 gets denied. You have not worked on the base of that NEW H1, you need to be on H1 status to remain in US. Giving you visa after I-485 denial depends on Visa officer, if you have that concern you should check with your attorney. Sorry, I am not expert in this kind of situation.
And say I didn’t stamp my H1(by going out of US) until my 485 decision is made - and then say it was denied
------ You have to go back or file motion to reopen if any new evidence or appeal the I-485 denial. You are not H1 status, as you did not enter on H1 status on the base of Fresh NEW H1, you did not got H1visa based on that NEW H1 and that NEW H1 had no I-94 attached and you did not get any I-94 based on that H1, you cant stay on the base of that new H1 approval notice that is without any valid I-94
-------Can I then go out of the country and get the H1 stamp and come in again with the new I-94 based on the new H1 ?
------ Dear, I think you will have problems to get H1 visa stamp after denial of I-485 because you were in USA not on H1 status. If you are on H1 status with I-94 then denial of I-485 will have no effect on your H1 status, better you should be on H1 status before I-485 gets denied. You have not worked on the base of that NEW H1, you need to be on H1 status to remain in US. Giving you visa after I-485 denial depends on Visa officer, if you have that concern you should check with your attorney. Sorry, I am not expert in this kind of situation.