H1B filing while waiting for EAD renewal

[floydtrivia]

Hey guys:

I had my H1B with my previous employer and the H1B I had with them was valid till March 2009. I switched jobs this year in March and I didn't ask my current employer to transfer my H1B since I had my EAD & didn't realise that I am not allowed to work if I don't get my EAD before the expiration date. I wonder why the rules are different for H1B extension/transfer vs. EAD renewal. I made a big mistake of not requesting my employer to transfer my H1B.

I asked my employer if the transfer can be done now and they said that its impossible. They also said that they cannot even file for new H1B since the quota is over for this year.

It's been 100 days since I filed for EAD renewal. I have an Infopass appointment tomorrow. I really have no hopes since interim EAD is out of question.

Is there any way that I can transfer or request my employer to file for H1B ?

Please advice !

Thanks in advance !

[waitin_toolong]

you can apply for H1 if you got your first H1 in the last 6 years. otherwise you cannot.

You should apply for EAD 6 months in advance USCIS recommendation.

[floydtrivia]

Yes. I did not notice the 6 month period when I applied for renewal. Thats why I am in this situation now. I applied 4.5 mths before. I am keeping my fingers crossed.

Anyways, I am still within the 6 yr period. Can my company file for H1B even though the quota is over since I had H1B previously?

[waitin_toolong]

yes they can if you are within that 6 yr window and recapture some time spent on EAD and vacations

[floydtrivia]

Thank You so much for the information ! Yes. I am within the 6 year period. Infact, I have 2 years left. I wonder why my company's attorney didn't know this..and I work for one of the reputed consulting firms.. Phew ! Anyways, I also spoke to the attorneys that I know. He also agreed with you. I have sent an email to my company's attorney.

Thanks again !