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  • H1B and green card help

    Here is my situation: I was on H1B and my employer filed for green card petition (I-140 and I-485 filed concurrently) under EB1 category almost 7 months back. I received my EAD and Advanced Parole. Now the employer terminated my employment and has withdrawn my H1B. But they are not withdrawing my green card petition.

    I have found another employer who is willing to file for my new H1B. Can I start working with my existing EAD while my new H1B is being filed? After receiving my approved new H1B can I go back to H1B status again? Will it impact my underlying green card petition? After receiving my approved H1B petition do I need to go back to my home country to stamp H1B visa although I have Advanced Parole?

    Thanks for your advice

  • #2
    Is the old employer willing to employ you on a permanent basis later? If not, you need to look into AC21 usage if it is 180 days past the filing of 485 and the new job has to be similar to the job from your ex employer.

    Whether you use EAD or H1b transfer does not matter. However, if you had a gap from when your employment ended and when the H1b transfer is being filed, that could cause issues with the transfer and EOS may not be approved.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      The new job is similar to the job from old employer. It's not H1B transfer, it's a new H1B filing because currently I am out-of-status as old H1B has been withdrawn.

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      • #4
        Every H1b is a new H1b for USCIS. So, you would have to start over the green card process again with your new employer as your company seems to have no intention to hire you permanently. Look at the possibility of AC21 quickly. Once you get a GC, if you don't work for the sponsor, it may be construed as fraud during your naturalization process.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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