H1B Transfer while having EAD

[Nandivada]

Gurus
I have a pending I485(Priority Date - 11/2009) application and I am working for a Desi consulting company on H1B. I have my EAD(180 days have elapsed since I received my EAD), however I have not used it yet and plan to remain on H1B for as long as I can. (because of personal reasons as I plan to get married next year and I think bringing one's spouse on H4 is easier and also I feel H1B is safe(r) in case 485 gets into trouble).

I got a great offer from one of the Big4 consulting companies and I want to stay on H1B for reasons mentioned above. I have long finished my 6 years on H1B and currently on a 3 year extension. My questions are
1> Do I need to invoke AC21 if I join the new company on H1B?
2> What will happen to the validity of H1B, if 485 gets rejected? Can one continue to stay in the country until the end of the H1B period irrespective of the 485 decision? (As opposed to pack your bags and leave in case of EAD)

Thanks!

[qesehmk]

Nandivada
Congratulations for a big 4 offer. U need ac21 to maintain continuity in gC processing. You still need work authorization to be employed at an employer. So ead or h1 both r fine.

485 decission doesn't affect ability to use h1. And yes that's why it is a good idea to remain on h1. All the best.


Gurus
I have a pending I485(Priority Date - 11/2009) application and I am working for a Desi consulting company on H1B. I have my EAD(180 days have elapsed since I received my EAD), however I have not used it yet and plan to remain on H1B for as long as I can. (because of personal reasons as I plan to get married next year and I think bringing one's spouse on H4 is easier and also I feel H1B is safe(r) in case 485 gets into trouble).

I got a great offer from one of the Big4 consulting companies and I want to stay on H1B for reasons mentioned above. I have long finished my 6 years on H1B and currently on a 3 year extension. My questions are
1> Do I need to invoke AC21 if I join the new company on H1B?
2> What will happen to the validity of H1B, if 485 gets rejected? Can one continue to stay in the country until the end of the H1B period irrespective of the 485 decision? (As opposed to pack your bags and leave in case of EAD)

Thanks!

[Nandivada]

Thanks Q, appreciate the quick reply.

[Sirisha]

Hi,

Right now, I am on H1 with Indian consulting company where my H1 is going to expire in Sept 2013.
I applied for 485 on Jan 2012 with Priority date of July 2008. when I called USCIS they said my case is pre adjudicated and my husband is working on my dependent EAD.

Yesterday, I got full time offer from my client where I am working for 1 year. I've EAD renewed until Feb2015

Recently I came from India where in I got my immigration stamped for 1 year though I've 2years on my AP

My questions are

1) Is it OK to if I file AC21 and work for the new company?
2) If I work on EAD with AC21 filed, If they fire me what will status I'll have?
3) Can I ask new employer for H1 transfer? but my H1 is going to expire in September 2013 and
will I've chance for the extension with my new employer with the old labor as I can't get new labor done now before 6 months of H1 expiry ?
4)If h1 renewal is rejected what status my husband have?
5) If I wok on EAD with AC21 filed, are there any chances that my 485 gets revoked only for this reason?

Thanks!

Sirisha

[Kanmani]

1. Yes you may file Ac21 and work for new company.

2. Your status is 'adjustment of status pending/ I-485 pending'

3. If you have a copy of your I-140 approval notice, you can very well proceed with H1b transfer. USCIS will give you 3 years extension irrespective of your previous H1b expiry date.

4. Your husband has already lost his H-4 status. He is currently under I-485 pending status and he'll continue to hold the same status even if your H1 transfer is rejected.

5. If you have changed employers asper the guidelines (limited though) provided in the Ac21 portability rules , the odds of I485 getting rejected is very less.

I am not an attorney, don't take it as a legal advice.

[Sirisha]

Thanks Kanmani for your immediate response!



1. Yes you may file Ac21 and work for new company.

2. Your status is 'adjustment of status pending/ I-485 pending'

3. If you have a copy of your I-140 approval notice, you can very well proceed with H1b transfer. USCIS will give you 3 years extension irrespective of your previous H1b expiry date.

4. Your husband has already lost his H-4 status. He is currently under I-485 pending status and he'll continue to hold the same status even if your H1 transfer is rejected.

5. If you have changed employers asper the guidelines (limited though) provided in the Ac21 portability rules , the odds of I485 getting rejected is very less.

I am not an attorney, don't take it as a legal advice.