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Hi all, I am currently on H1b and have a visa valid until Aug'17 (due to passport expiry, actual I-797 is valid until 2019, but I believe the period of stay is determined by I-94, which expires in Aug'17). My wife is a USC and we filed concurrent I-130/I-485/I-765/I-131 package in late Jan'17 and are awaiting decision on all of these forms.
My concern is that I want to pursue an internship over the summer and will likely have to quit my current job to do so and therefore join the new company over the summer with my EAD as authorization. I am not sure how the logistics will work out though and have a few questions about this and would really appreciate your inputs:
1. If I quit my job, say in May'17 and join the new company with my EAD card (as filled on I-9 form) from jun'17 to Aug'17, would I go out of H1B status and enter Pending AOS status?
2. If I want to resume another role or back to my current job in Aug'17, can I use my H1b again? Or do I lose the H1b visa altogether?
3. My company is looking to file for a H1B petition, since my I-94 stamp expires in Aug'17, in order to get an extension for beyond this date. Would applying for the H1b extension in away way impact my pending I-130/I-485 applications? Not sure if applying for extension on H1b visa in any way counts as showing intent not to immigrate and would cancel my pending applications.
4. Once I receive my EAD card (I hope, in time) and I work on the EAD for the 2.5 - 3 months during internship, do I then have the ability to going back on H1 if my old employer or new employer is willing to transfer this for me? Or would I lose the cap? Also, since by then the I-94 would've expired, would I then have to re-petition for H1?
I'd really appreciate your help guys, I'm kind of in a dilemma right now and am likely overcomplicating this more than I need to. Hope some of you who've been through this can offer some clarity.
Cheers!
My concern is that I want to pursue an internship over the summer and will likely have to quit my current job to do so and therefore join the new company over the summer with my EAD as authorization. I am not sure how the logistics will work out though and have a few questions about this and would really appreciate your inputs:
1. If I quit my job, say in May'17 and join the new company with my EAD card (as filled on I-9 form) from jun'17 to Aug'17, would I go out of H1B status and enter Pending AOS status?
2. If I want to resume another role or back to my current job in Aug'17, can I use my H1b again? Or do I lose the H1b visa altogether?
3. My company is looking to file for a H1B petition, since my I-94 stamp expires in Aug'17, in order to get an extension for beyond this date. Would applying for the H1b extension in away way impact my pending I-130/I-485 applications? Not sure if applying for extension on H1b visa in any way counts as showing intent not to immigrate and would cancel my pending applications.
4. Once I receive my EAD card (I hope, in time) and I work on the EAD for the 2.5 - 3 months during internship, do I then have the ability to going back on H1 if my old employer or new employer is willing to transfer this for me? Or would I lose the cap? Also, since by then the I-94 would've expired, would I then have to re-petition for H1?
I'd really appreciate your help guys, I'm kind of in a dilemma right now and am likely overcomplicating this more than I need to. Hope some of you who've been through this can offer some clarity.
Cheers!
