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H1B transfer while AOS is pending
Hello. I am a H1B visa holder and my husband is also a H1B holder. He applied for i485, EAD, AP etc concurrently through his employment (so his case is employment based) and as I'm his spouse, I applied for the same as a beneficiary. My H1B sponsor employer has nothing to do with this AOS process.
Now, I'm offered a very good job opportunity and they say they'd file necessary documents for me to switch over. I cannot pass this opportunity as the job is much much better in every possible way. They'd not wait until our green cards come (which you never know when).
And I have a couple of questions.
1) How do you notify USCIS that a new H1B petition will be filed and I still have the original H1B so that they know I am not abandoning my AOS?
2) Even if this new H1B visa is denied, wouldn't I be deported unless I start working for this new company as soon as the petition is filed, correct? (as I still work for the same company and never left the original sponsor?)
3) Even if EAD comes before filing H1B, shouldn't I use EAD because EAD is based on AOS is pending and if my AOS is denied, I'd be deported out of US correct, as using EAD means abandoning my H1B status?
Please help. Lawyers who filed i485 etc are not hired by me but by my husband's company - so they don't quite help. But I need to talk to my potential employer so that they can make sure they will file. Before that I want to know what's the best way.
Now, I'm offered a very good job opportunity and they say they'd file necessary documents for me to switch over. I cannot pass this opportunity as the job is much much better in every possible way. They'd not wait until our green cards come (which you never know when).
And I have a couple of questions.
1) How do you notify USCIS that a new H1B petition will be filed and I still have the original H1B so that they know I am not abandoning my AOS?
2) Even if this new H1B visa is denied, wouldn't I be deported unless I start working for this new company as soon as the petition is filed, correct? (as I still work for the same company and never left the original sponsor?)
3) Even if EAD comes before filing H1B, shouldn't I use EAD because EAD is based on AOS is pending and if my AOS is denied, I'd be deported out of US correct, as using EAD means abandoning my H1B status?
Please help. Lawyers who filed i485 etc are not hired by me but by my husband's company - so they don't quite help. But I need to talk to my potential employer so that they can make sure they will file. Before that I want to know what's the best way.
