Recapturing unused H1b after using EAD

[gc_dega_gandhigiri]

Hi,

Have a question on EAD/H1b. I am joining a new company using AC21 and EAD. Lets say after few months if INS denies my GC application then will I be able to transfer my h1b. Basically I got the info that I can re-capture my unused period of H1b out of 6 years. Is that true ?

Thanks.

[gc_dega_gandhigiri]

Gurus. ???

[arunmohan]

Hello:

I have same question, please reply it.

Regards

[PD_Dec2002]

Originally Posted by gc_dega_gandhigiri

Hi,

Have a question on EAD/H1b. I am joining a new company using AC21 and EAD. Lets say after few months if INS denies my GC application then will I be able to transfer my h1b. Basically I got the info that I can re-capture my unused period of H1b out of 6 years. Is that true ?

Thanks.

I don't know if the following information is applicable if the GC is denied.

Last year, my friend started working on an EAD (after his H-1B visa expired). Unfortunately, he did not get his renewal EAD in hand before the expiry of the current EAD, so the lawyer submitted a H-1B petition to use the unused portion (India vacations for him, but basically any time when you were outside the US) from his old H-1B so my friend could continue working. If I remember well, it was applied under Premium Processing, but I know for sure that it definitely came through. But so did his EAD card...on the day his current EAD expired.

Again, I want to reiterate that I don't know how the above scenario plays out if the GC is denied, so do check with a lawyer.

Regards,
Jayant