Working on EAD and wanting to switch to H1B

H

hope_Nov

Registered Users (C)
Hi friends,

I need your inputs on my case.

I switched company after my I-485 has been pending for one and half a year. I started working with my new employer using my EAD card, meanwhile, the new company filed another H1B for me (not sure if it is still considered as transfer). The lawyer said there was no problem to start with EAD and then switch to H1. However, this is not the case. I just found out that if I used EAD, I have to go to a third country to apply for visa stamp in order to use my H1. If the lawyer told me the right thing, I would have never started using my EAD, instead I would have waited for H1B transfer receipt notice. My EAD will expire next month, however, I haven't renewed yet. I checked the processing date. Now it takes about 3 months to get EAD renewed. There's no way that I could get EAD renewed before my current one expires. I am wondering if I could do this,

1. Once I have the H1B approval notice, I go to Canada or Mexico to get it stamped. Do you think there is a problem with that? Of course on the DS 156 form, I have to tell the officer that I've applied immigration.

2. If my application for a new stamp gets rejected in a third country, can I still come back to US using my Advanced Parole?

3. Is there any way that I could use my new H1B without going out of the country?

Your inputs are greatly appreciated.

Hope
 
Last edited by a moderator:
hope_Nov said:
Hi friends,

I need your inputs on my case.

I switched company after my I-485 has been pending for one and half a year. I started working with my new employer using my EAD card, meanwhile, the new company filed another H1B for me (not sure if it is still considered as transfer). The lawyer said there was no problem to start with EAD and then switch to H1. However, this is not the case. I just found out that if I used EAD, I have to go to a third country to apply for visa stamp in order to use my H1. If the lawyer told me the right thing, I would have never started using my EAD, instead I would have waited for H1B transfer receipt notice. My EAD will expire next month, however, I haven't renewed yet. I checked the processing date. Now it takes about 3 months to get EAD renewed. There's no way that I could get EAD renewed before my current one expires. I am wondering if I could do this,

1. Once I have the H1B approval notice, I go to Canada or Mexico to get it stamped. Do you think there is a problem with that? Of course on the DS 156 form, I have to tell the officer that I've applied immigration.

2. If my application for a new stamp gets rejected in a third country, can I still come back to US using my Advanced Parole?

3. Is there any way that I could use my new H1B without going out of the country?

Your inputs are greatly appreciated.

Hope
Click to expand...

Does your current stamping is expired? Provide dates of the event.
 
Can you apply for H1 after you have worked on EAD. My understanding was that once you used EAD you have to use EAD for all subsequent jobs till decision is made on the GC application. You cannot go from EAD to H1 after having used EAD. Kindly correct me if I am wrong.
 
Tammy2,

My H1 stamp with my previous employer has already expired. I was using H1 for my previous employer, then swithed employer using EAD. The stupid lawyer made a mistake so that I had an impression that I could use my EAD to start, then use new H1. Sigh.

Hope
 
tangohi said:
Can you apply for H1 after you have worked on EAD. My understanding was that once you used EAD you have to use EAD for all subsequent jobs till decision is made on the GC application. You cannot go from EAD to H1 after having used EAD. Kindly correct me if I am wrong.
Click to expand...

You're wrong. There's nothing that prevents a new employer from filing an H-1B petition on your behalf. However, by using your EAD to do something your H-1B by itself did not allow (like working for a new employer) an unexpired H-1 visa stamp would be automatically invalidated, and you would most likely need to leave the US, get a new stamp, and re-enter.

With the fees and associated headaches, I really don't know why anyone would want to take the H-1 over the EAD. If you are worried about the I-485 being denied, then you should be rectifying the problems in that petition instead of wasting time and money returning to H-1 status.
 
RealCanadian,

Thank you for your reply.

My new H1 has been filed and the company paid for it. My problem is that my EAD will expire in Feb, but I have not renewed the new one yet. Now according to the processing time, it is taking three months to get a new EAD. Therefore, there is no way that I could get my EAD before the old one expires. If in this case, I can not work and have to wait for my EAD to resume working, right? In order not to miss my work, my question is that, 'can I go to a third country to apply for a visa stamp and continue working using my H1'? I assume by next month, I would have my new H1 approved. Do you think it is a problem to go to other country at this point since I am also in AOS status? If I am rejected in the third country, can I still be back using my AP? Thanks.

Hope
 
Thanks Real Canadian.
Based on what you are telling then even though I am working on EAD and my H1B expired in June 2005 if I want I can get another H1B if my sponsor is willing to get another one and I can return to work on H1B after going out of the country. The problem I am facing is the yearly renewal of EAD. Just fraught with danger as I am a physician, my employer is kind of very nervous as he then has reschedule patients if EAD not renewed in time and that creates a lot of hassles wit hmalpractic etc. With H1 I will have peace of mind for three years. I anticipate no problems in AOS, just the fact that one year is a short time and want to be free of worries regarding ability to work for three years.
Your input will be appreciated.
 
Premium processing

Did you apply for a premium processing?
hope_Nov said:
RealCanadian,

Thank you for your reply.

My new H1 has been filed and the company paid for it. My problem is that my EAD will expire in Feb, but I have not renewed the new one yet. Now according to the processing time, it is taking three months to get a new EAD. Therefore, there is no way that I could get my EAD before the old one expires. If in this case, I can not work and have to wait for my EAD to resume working, right? In order not to miss my work, my question is that, 'can I go to a third country to apply for a visa stamp and continue working using my H1'? I assume by next month, I would have my new H1 approved. Do you think it is a problem to go to other country at this point since I am also in AOS status? If I am rejected in the third country, can I still be back using my AP? Thanks.

Hope
Click to expand...
 
It is not premium application, but since it was filed one month ago, I think it will be faster than my EAD.

Thanks GOD, the EB2 PD moved past my PD. However, I am still stuck in name check.

Hope
 
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