Very Urgent - Please Please Please advise

M

mycase18

Registered Users (C)
AOS filed: 10/2001 and still pending.
LaidOff in August 2003

Applied for EAD in September. I have an interview for EAD on Nov. 15.

Questions:
I have always worked on H1 (previous EAD expired but never used it). I have been offered a job now. Can I still apply and work on H1??

Why are they interviewing me for EAD??

What should I expect at EAD interview??
 
If EAD not used, H1 is still valid.

So, you can apply for H1 transfer.

I haven't heard of interview for EAD. Can you plz post more details about that.
 
mycase18,
Recently I have been to Dallas District office and met a gentleman who was waiting for being interviewed for EAD.
TSC sent him a letter to comeover for EAD renewal(Third time renewal) . He went in and came out with in ten minutes with EAD valid until 2005. It seems they checked his previous EAD and 485 reciept . No more questions asked.
I came to know through him that there are some extra security measures being taken for people who applied in 2000 end and 2001. So do not be worried, it seems like a pretty smooth process.
 
MyCase18,
Sorry to hear about your situation. I would advice you consult a competent attorney, because there are couple of things you need to consider here .... since you were still working on H1 and not on EAD and your EAD has expired .... you changing jobs, by virtue of transferring H1, can void your pending Adjustment of Status.
The only way you can preserve your AOS is using AC21 to change jobs.... but I am not sure how that’s gonna work, since your EAD has expired.
What did the Co, that let you go in August, do with your H1? Do you have an arrangement with them to keep you on their payroll until you find another employer?

Well, I could be totally off here.... none-the-less I would advice you consult a good attorney.
Good Luck
 
mycase18,
Interview for EAD ???? New thing for me.

Based on Rock_Me_Amadeus statement.

Interview seems to be piece of cake. Have all necessary documents like 485 Receipt notice + previous EAD card + H1 Approval (just in case).

Regarding first question.

Yest You can still work on H1 B.

Interview for EAD should be formal. They might be checking whether you applied 485 or not etc.,
 
Manumahi,
No he cannot work on H1, unless he works for the Co that sponsored his GC. If he changes employers, he has to use AC21 to preserve his AOS. If he transfers his H1 then he will void his AOS.
Well unless the job offer he has now is from the same Co that let him go in August, he should not transfer H1. Well in that case he won't have to transfer anyway.

Again, MyCase18, I would advice you consult a good attorney.
 
Thanks to everyone for replying.

I consulted my attorney earlier, before that time I did not have the offer, and he did not say anything about problems with H1 transfer while AOS is pending. This is a very big lawyers corporation so he must know what he is talking about.

But I will ask him again and will let you guys know.

Thanks, again.
 
Originally posted by RD2426
Manumahi,
No he cannot work on H1, unless he works for the Co that sponsored his GC. If he changes employers, he has to use AC21 to preserve his AOS. If he transfers his H1 then he will void his AOS.
Well unless the job offer he has now is from the same Co that let him go in August, he should not transfer H1. Well in that case he won't have to transfer anyway.

Again, MyCase18, I would advice you consult a good attorney.
Click to expand...


WRONG. A person can change the jobs, using AC21, either by using EAD or by a new H1 by the new company. Transferring H1 WILL NOT invalidate AOS application.
 
ar888 is correct

Manumahi,
Manumahi,
No he cannot work on H1, unless he works for the Co that sponsored his GC. If he changes employers, he has to use AC21 to preserve his AOS. If he transfers his H1 then he will void his AOS.
Well unless the job offer he has now is from the same Co that let him go in August, he should not transfer H1. Well in that case he won't have to transfer anyway.
Click to expand...

Transfer H1 is perfectly fine to use AC 21 as long as it's the same/similar job discription.
however, in your case, not sure if the gap in your employment has any impact on the transfer H1 or not.

do consult a good lawyer.

keep faith and good luck
 
H1 transfer is not applicable after use of EAD. H1 is then void and one has to apply for a new H1. This would put the application in queue under the reduced quota for H1B visas.
 
ar888, lz25888, EAD2003 are all right, you can always transfer your H-1 with anyone and you won't have any problems with your AOS, as long as your old employer continues the green card process, if your employer doesn't want to continue the process then you can use AC-21 to transfer your green card process to new employer (condition being similar job/similar position).

But if you use EAD once then you cannot transfer H-1 after that.

Don't stress out too much about EAD interview, you are just fine, just take your documents with you.

Good Luck

"Prem naam hai mera, Prem Chopra"
 
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