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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 11-16-2007, 03:45 PM
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Priority Date
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May-04
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I140 Mailed Date
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07/02/2007
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Default EAD Vs H1 (What if a person has completed 6 years)

I have been seeing so many threads and discussions on EAD Vs H1B. Generally the perception is its better to be on H1B instead of jumping to EAD. H1 will work as a backup in case there is some issue with GC processing. Well, suppose a person has completed 6 years and got en extn for 1 or 3 yrs depending on labor/I-140 approved/unapproved conditions. If there goes something wrong with either of labor, 140 or 485, wouldn't his/her H1B be invalid just like EAD. So what's the point of keeping H1b As backup of EAD ? Am I missing some imp point here ?
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  #2 (permalink)  
Old 11-16-2007, 03:50 PM
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nomorelogins will become famous soon enough nomorelogins will become famous soon enough
Default ..

as long as you continue to work for your H1 sponsoring company/ transfer H1 every time you change jobs???
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  #3 (permalink)  
Old 11-16-2007, 03:56 PM
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satishku_2000 has a spectacular aura about satishku_2000 has a spectacular aura about satishku_2000 has a spectacular aura about
Default assumption

Quote:
Originally Posted by pd_recapturing View Post
I have been seeing so many threads and discussions on EAD Vs H1B. Generally the perception is its better to be on H1B instead of jumping to EAD. H1 will work as a backup in case there is some issue with GC processing. Well, suppose a person has completed 6 years and got en extn for 1 or 3 yrs depending on labor/I-140 approved/unapproved conditions. If there goes something wrong with either of labor, 140 or 485, wouldn't his/her H1B be invalid just like EAD. So what's the point of keeping H1b As backup of EAD ? Am I missing some imp point here ?
The whole assumption is that H1B will not be revoked in normal circumstances.
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  #4 (permalink)  
Old 11-16-2007, 04:00 PM
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Nov-06
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I140 Mailed Date
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06/21/2007
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Default Valid point

I guess, if 485 is denied for reasons other than fraud/abuse your H1B will remain intact. but otherwise USCIS might cancel ur H1B also.

Even if your H1B is more than 6 yrs old, It is still renewable for 3 yrs for H1B transfer with approved I-140.

Quote:
Originally Posted by pd_recapturing View Post
I have been seeing so many threads and discussions on EAD Vs H1B. Generally the perception is its better to be on H1B instead of jumping to EAD. H1 will work as a backup in case there is some issue with GC processing. Well, suppose a person has completed 6 years and got en extn for 1 or 3 yrs depending on labor/I-140 approved/unapproved conditions. If there goes something wrong with either of labor, 140 or 485, wouldn't his/her H1B be invalid just like EAD. So what's the point of keeping H1b As backup of EAD ? Am I missing some imp point here ?
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  #5 (permalink)  
Old 11-16-2007, 05:29 PM
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satishku_2000 has a spectacular aura about satishku_2000 has a spectacular aura about satishku_2000 has a spectacular aura about
Default yeah

Quote:
Originally Posted by sathyaraj View Post
I guess, if 485 is denied for reasons other than fraud/abuse your H1B will remain intact. but otherwise USCIS might cancel ur H1B also.

Even if your H1B is more than 6 yrs old, It is still renewable for 3 yrs for H1B transfer with approved I-140.
USCIS can cancel any benifit if they find fraud/abuse.
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