Using EAD back to H1?

W

willget

Registered Users (C)
Here is my situation:

My I140/485 filled Apr,2004 (Nebraska) and still pending now, Laid off end of Jul 004 and changed company using EAD(Nov 04). applied second EAD this Feb and still pending. Now company lawyer said I should apply H1 visa as a backup(that probably be a New h1);
As I learnt here, once I use EAD, I can't back to H1 anymore, the lawyer said it's ok, I'm comfused now. which one is correct? Am I able to back to H1 again?
Also, INS got notificed by post office that I changed my address and sent me a letter to verify. I heard that change address may trigger for a EVL, is this true.

Thanks

Detail:

Labor: Sep,03
I140/485 Apr,12 04 ---EB2
First EAD May,05
Applied second EAD Feb,05
 
My Understanding

Hi, it is just my understanding that your status will remain same even you apply EAD but without leaving USA by Advanced Perole. You can have your EAD and AP in your hand, but your H1 still valid at same time because there is no evidence shows that you change your status, but if you left the country and reentry the border, your H1 status no longer valid because your passport should be stamped as "waiting for status to be adjusted..." so in that case, you can't go back to H1 again. I guess you are not using your AP so far, maybe that is why your lawyer still can get you back to H1. One thing I dont understand is that you had changed your job already, there will be a gap between your two H1, there is a big question mark, How do you explain to USCIS? It is very ricky question, I discuss it with a lot of friends for a long time, hopefully, it helps you a little.
 
willget said:
Here is my situation:

My I140/485 filled Apr,2004 (Nebraska) and still pending now, Laid off end of Jul 004 and changed company using EAD(Nov 04). applied second EAD this Feb and still pending. Now company lawyer said I should apply H1 visa as a backup(that probably be a New h1);
As I learnt here, once I use EAD, I can't back to H1 anymore, the lawyer said it's ok, I'm comfused now. which one is correct? Am I able to back to H1 again?
Also, INS got notificed by post office that I changed my address and sent me a letter to verify. I heard that change address may trigger for a EVL, is this true.

Thanks

Detail:

Labor: Sep,03
I140/485 Apr,12 04 ---EB2
First EAD May,05
Applied second EAD Feb,05
Click to expand...

willget,

My understanding is that it is possible to get back to H-1 status but you need to leave the country, go back to your home country to do so. I am not at all sure what else is involved. Your lawyer should be able to advise you the best. This forum provides valuable information but I think for such matters it is always best to consult a good attorney. How much confidence do you have in your lawyer?

When you change your address you are REQUIRED to change it with USCIS by calling the 800 number and filing AR11 form within 10 days of the move. I am not sure if there is any connection between EVL and change of address.

Hope this helps.
 
willget said:
Here is my situation:

My I140/485 filled Apr,2004 (Nebraska) and still pending now, Laid off end of Jul 004 and changed company using EAD(Nov 04). applied second EAD this Feb and still pending. Now company lawyer said I should apply H1 visa as a backup(that probably be a New h1);
As I learnt here, once I use EAD, I can't back to H1 anymore, the lawyer said it's ok, I'm comfused now. which one is correct? Am I able to back to H1 again?
Also, INS got notificed by post office that I changed my address and sent me a letter to verify. I heard that change address may trigger for a EVL, is this true.

Thanks

Detail:

Labor: Sep,03
I140/485 Apr,12 04 ---EB2
First EAD May,05
Applied second EAD Feb,05
Click to expand...

Hi,

This question has been discussed here many times, with no single conclusion. If you trust your attorney, I would suggest to go with his interpretation...Otherwise, consult another attorney!

My opinion is applying for a new H1 is not a problem, since you are in the US legally. I think this is similar to students on F1 who file for H1 here. Only thing is, you should change you status with employer only after H1 is approved.
 
Thanks all for your response.

When I changed company, I had no choice but use EAD(laid off and got this job in 4 month, which by then it's not able to do the H1 transfer).

I asked another lawyer but got a different answer, I remember there is one gentleman here had a similar experience and was able to back to H1(read his news around Jul last year), but I can't find the link any more.

Any idea? Any one had the similar experience?

Thanks
 
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