Can a person get H1B after AC 21?

[n2b]

I am currently on EAD and used AC 21. Just in case if I suspect that there might be some issue during final I 485 approval, can I have my company apply for my H1 transfer before I 485 is approved?

If I do so, what will be the status of the I 485 application after H1B transfer?

This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?

All help appreciated. Thanks all in advance.

[avi]

Originally Posted by n2b

I am currently on EAD and used AC 21. Just in case if I suspect that there might be some issue during final I 485 approval, can I have my company apply for my H1 transfer before I 485 is approved?

If I do so, what will be the status of the I 485 application after H1B transfer?

This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?

All help appreciated. Thanks all in advance.

I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...

A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.

I may be wrong .. but this is how i perceive it


Peace.

[n2b]

Originally Posted by avi

I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...

A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.

I may be wrong .. but this is how i perceive it


Peace.

H1B is dual intent so even if I go back on H1B I can still keep intentions to immigrate right?

[scorpioduo]

I think you should be OK

[gconmymind]

Originally Posted by n2b

H1B is dual intent so even if I go back on H1B I can still keep intentions to immigrate right?

My gut feeling (not based on any facts) is you should be ok to go back on H1. Please consult an attorney though...

[bekugc]

the main grey area for n2b is --

when he used ac21, if he had done h1 trnasfer and started work after getting h1 receipt, then there is NO qn at all that he is OK. he can work at new plc, his GC keeps going fine.

but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.

im not sure but i think u shud be OK.

- in one of rajiv khannas free conf call. one person had used ead/ac21 and had received "intent to deny 485". he was asking rajiv what shall i do if it gets denied?.
rajiv said, u can fight ur denial for sure, but immediately ask ur company to tranfer ur h1 based on reason that u have an approved 140. and once u get recept u can continue to work and stay here and fight the denial if it happens.

[n2b]

Originally Posted by bekugc

the main grey area for n2b is --



but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.

See the thin is as far as the status goes I believe one is not on Immigrant status unless one gets the GC; and their are only two statuses, Immigrant and Non-Immigrant for us (or I guess illegal, which we are not for sure)!!

So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?

[gconmymind]

Originally Posted by n2b

See the thin is as far as the status goes I believe one is not on Immigrant status unless one gets the GC; and their are only two statuses, Immigrant and Non-Immigrant for us (or I guess illegal, which we are not for sure)!!

So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?

EAD is just work authorization. You are an adjustee when 485 is pending and will get Immigrant status only when your 485 is approved.

[piyu7444]

I am currently on h1b with Company X (h1b expires in April 2011)

(I-140 approved, filed 485 on july 2 so am past 180 days)

If I take a job on EAD with Company Y without h1b tranfer to comapny Y.

Now after 1 year if I want to move back to comapny X (as a result of AOS denial or without a reason) can I still use the same h1b petition to move back to comapny X or not? If not how can I move back to comapny X and what all it will take to get a new h1b ?

Also do I need to leave USA?

[ameryki]

This is from reading in other threads here, if you switch to EAD and give up your H1 status you can no longer go back to the same H1 petition. You will have to apply for H1 again and then be part of the H1 lottery. Again this is my understanding I am not a lawyer.

[bekugc]

regd ur qn --> So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?

485 stage itself is called 'adjustment of status'. so using EAD or AP , takes u out of nonimmigrant status, and brings u into a intermediate status - thats why they write AOS/parolee on i94 if u use AP. . i dont think u become an "immigrant" untill ur 485/gc is approved.