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Client asking to join. H1 transfer or EAD? (Currently on H1 7th year).

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  • Client asking to join. H1 transfer or EAD? (Currently on H1 7th year).

    Hi,
    I am working for a consultant company, working at client location. EB2, PD 09/2006.

    Now the client is asking me to join them. Consultant company is ok with it.

    i) Currently I am on H1 (7th year extension), can i join the client on H1 transfer? Does it invalidate the GC process,(future employer is going to be client company not the consultant company)?

    ii)Should I use EAD(I have EAD, but no AP) in order to use AC21?

    I was planning for H1 tranfer to be on the safer side and send AC21 letter to USCIS.

    iii) Client company is giving a EB3 level position (Bachelors), But currently i am on EB2, will it affect GC process?

    iv)my wife is on H4,(EAD, but never used it, no AP). Should i apply for AP prior to joining, if i have to use EAD?

    v) If for some reason, if the consultant company revokes I-140, will 485 be rejected?

    Please advise. I am confused.
    -TIA.
    Last edited by simplebidder; 01-18-2010, 10:48 PM. Reason: Add info.

  • #2
    1. Yes, you can extend the H1b based on the approved 140 from another employer. It does not impact the GC as long as the position is same/similar to the one filed by the consulting company on the labor.
    2. No need to use EAD for AC21. You can use AC21 and remain on H1b.
    3. Not sure.
    4. Read EAD vs AP on immihelp under H1b section.
    5. Not unless the AC21 request was not submitted. They may issue NOID.

    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.

    Comment


    • #3
      txh1b,Thanks for your help!

      Comment

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