Hi, I am in a tricky situation now and need help from all gurus.
My current situation is: H1B with 485 pending, NOT primary applicant, 485 got transferred to local office on Jan 6 for interview. On Jan 10, I was laid off, but company agree to keep me on payroll until the end of March.
Now I found a new job in a new comapny, I have two choices: transfer my H1B or use EAD to work for the new company. I intend to do a H1B transfer. But my questions are:
1. Technically speaking, my H1B was invalid from Jan 10 although my company kept me on payroll but I am not working any more. If I do a H1B transfer, will CIS have any way to find this out and deny my transfer?
2. If I start working for the new company with a H1B transfer receipt and later on my transfer gets denied, am I considered working without permission?
3. I know primary applicant can apply AC-21 to change employer, will that rule also be able to apply to non-primary applicant? i.e., CIS will forgive my short period of out of status.
4. On my 485 interview, how big is the chance that the officer will raise a question on my H1B transfer? Is there any way that he knows that I was laid off before I did a H1B transfer?
5. In my situation, is it better to use EAD or H1B transfer?
Any one has similar experiences or knows some information, please advice. Thanks a ton.
My current situation is: H1B with 485 pending, NOT primary applicant, 485 got transferred to local office on Jan 6 for interview. On Jan 10, I was laid off, but company agree to keep me on payroll until the end of March.
Now I found a new job in a new comapny, I have two choices: transfer my H1B or use EAD to work for the new company. I intend to do a H1B transfer. But my questions are:
1. Technically speaking, my H1B was invalid from Jan 10 although my company kept me on payroll but I am not working any more. If I do a H1B transfer, will CIS have any way to find this out and deny my transfer?
2. If I start working for the new company with a H1B transfer receipt and later on my transfer gets denied, am I considered working without permission?
3. I know primary applicant can apply AC-21 to change employer, will that rule also be able to apply to non-primary applicant? i.e., CIS will forgive my short period of out of status.
4. On my 485 interview, how big is the chance that the officer will raise a question on my H1B transfer? Is there any way that he knows that I was laid off before I did a H1B transfer?
5. In my situation, is it better to use EAD or H1B transfer?
Any one has similar experiences or knows some information, please advice. Thanks a ton.