Question about EAD and H1-B

[sbairy]

Hello,

I'm seeking some expert advise and/or info ASAP about a question I've.

I've an EAD that is valid until Sep 2010 and H1-B that is valid until Aug 2009 (8th year extension). My PD is Aug 2004 (EB2). I lost my job about 2 months ago and haven't been able to find a new one yet. I've consulted couple of immigration lawyers and they said that since I've an EAD, I can start working on it right away (when I get a new job) and then get my H1-B transferred in a month or so (if the employer is willing to do that). The reason for getting H1 transferred is just as a backup in case something goes wrong with the 485 approval and/or gets denied.

I talked to few people and they said once I use my EAD, the H1 gets invalid and can't get it transferred. The only option is to apply for a new H1.

Anyone here knows the correct info ?

Thanks!

[txh1b]

Both stories you heard are partly incorrect.

One on AOS can get back on H1b if they qualify. However, some service centers have been denying such shift. In such a case, the person can get the H1b as a CP, get a visa stamp and re-enter or if one already has a visa, they can travel and re-enter on H1b.

For a new H1b, you have to spend 1 year outside US.

[sbairy]

Thanks TxH1b! As usual again, you are prompt in your replies and suggestions!!

So, in my case if I used my EAD for the new job and if the company is willing to do a H1 transfer for me, will it be possible to "transfer" at all before Aug 2009 (valid until then).

Most likely my previous employer will notify USCIS to revoke it within the next 30 days or so since my employment with them is now terminated.

[txh1b]

Like I said earlier, a "transfer" or EOS is a hit or miss due to inconsistent results from different service centers.

CP or travel is the best way to get back on H1b at a later date even with AOS pending. Make sure you use AC21 and send the paperwork once you find an employer. Look for more on the forums or immihelp on that.

[txh1b]

If your old employer also revokes the I140, USCIS will immediately issue a NOID in case of a AC21 request not on file for your pending AOS. You need to act fast to find a same/similar job.

You need not worry about the H1b revoke as it revokes the H1b for that employer and not your ability to get back on H1b at a later date.

[sbairy]

I checked with my old employer and they are not going to revoke my I-140 since its been approved more than an year ago and also not going to do anything with my 485 (also pending for more than an year now). When I checked with the Immigration lawyer, thats what she said too. The only thing they can revoke is the H1, since they own it. I'm going to file AC21 as soon as I find an employer, but finding one has been the toughest task so far . The other thing that the lawyer mentioned is that there can be gaps between employments while a candidate is waiting for the GC, but should try to minimize the gap. There is no defined time (weeks or months) for the gap that USCIS considers as "acceptable".