please advice-

[india]

Hi All
Please Advise me.
I am on H1b For 5 years on USA on minimum Salary of 30k per year.
I Filed my labor in 2004 with my H1b Company.
i also filed I-140 and i-485 with same company.
I have H1b Approval untill 2010 with this company.
I got my EAD today so can i work any where in usa for any company
as employee or still i need to be stay on H1B.
What happen if my I-140 is reject or my I-485 is reject.
Can i Use my H1B after i used my EAD.
I want to go to out of country to stamp in my visa than what papers
should i have to show to embassy. bec in my passport stamp is expired.
Any help will be appreciate.

Thanks All.

[Subramanya]

H1 issues

I am on H1b For 5 years on USA on minimum Salary of 30k per year.
I Filed my labor in 2004 with my H1b Company.
i also filed I-140 and i-485 with same company.
I have H1b Approval untill 2010 with this company.
I got my EAD today so can i work any where in usa for any company as employee or still i need to be stay on H1B.

---- Yes, you can work for any other employee once your EAD is approved and you have the papers in hand

What happen if my I-140 is reject or my I-485 is reject.
Can i Use my H1B after i used my EAD.

---- If I-140 is rejected your H1B and legal status of stay will be subject to questioning. In the meantime you can appeal the decision and wait for the result

---- If I-485 is rejected your EAD is subject to scrutiny and if you do not have H1, at that time your legal status of stay in the US is subject to questioning

---- These are hypothetical questions for which you are only trying to find a response and you want a positive response with some advise to correct them, if you happen to come across them. If you are not confident about your outcome, you should consult an attorney who can ally your fears. Forum members can at best give you information and cannot for sure tell what will happen

I want to go to out of country to stamp in my visa than what papers should i have to show to embassy. bec in my passport stamp is expired.

---- If you have EAD and an approved receipt for I-485 you can apply for Advance Parole. That way you do not have to apply for a H1 Visa at a US Consulate to return back to US

Subramanya

[infoway]

I got my EAD today so can i work any where in usa for any company.

BEFORE YOU START WORKING FOR OTHER EMPLOYERS, MAKE SURE YOU ARE WITH THE SPONSORING EMPLOYER FOR 180 DAYS TO PORT TO NEW SIMILAR EMPLOYMENT. IF YOUR I-485 IS NOT ADJUDICATED FOR 180 DAYS SINCE FILING, YOU SHOULD BE OKAY TO MOVE TO ANOTHER EMPLOYER.

as employee or still i need to be stay on H1B.
What happen if my I-140 is reject or my I-485 is reject.

WAIT FOR I-140 APPROVAL BEFORE DISCARDING H1B. IF I-140 IS DENIED, AUTOMATICALLY I-485 WILL BE DENIED AND CORRESPONDING EAD AND ADVANCE PAROLE ARE AUTOMATICALLY REVOKED.

Can i Use my H1B after i used my EAD.

THIS IS TRICKY, WHEN YOU USE EAD; YOU WILL NOT BE WITH H1B EMPLOYER, SO YOU ARE GIVING UP YOUR H1B STATUS.


I want to go to out of country to stamp in my visa than what papers
should i have to show to embassy. bec in my passport stamp is expired.
Any help will be appreciate.


H1B, I-797, PAY STUBS, FORM W-2S ETC., - LOOKS LIKE YOU HAVE LESS THAN REQUIRED WAGES (30k), I DO NOT KNOW THE SALARY MENTIONED ON THE LCA OF YOUR H1B. CHECK WITH YOUR EMPLOYER OR ATTORNEY.

NOT A LEGAL ADVISE.

[india]

Reply

thanks for your reply.
I know my case is too much complex.
and i checked with my employer it shows 30k in my LCA .
and i already apply for AP.So if i got that approved ,Can i keep it as backup.
i want to try to get H1B stamp first ,and if that get rejected then only i will use AP.
and one company gave me good offer ,so i also transfer my H1B to that comp.
I didnt start with new company yet untill i get approval.
will it be ok to do so.Can i be in legal status?its my 7 th year extension going on.
and New company told me they will also file for my labor and all GC file.
Let me know any suggestions