H1 forego for EAD and then reinstate

[dollar500]

Please comment on this scenario:

I am currently on H1b (valid until 2010) with approved EAD. I am planning to use EAD for some par time jobs now until next year june.

In July I have to change employer. I am curious can I apply for H1b transfer in July 2008. Or would that be a completely new application?

Thanks in advance

[gc_chahiye]

Originally Posted by dollar500

Please comment on this scenario:

I am currently on H1b (valid until 2010) with approved EAD. I am planning to use EAD for some par time jobs now until next year june.

In July I have to change employer. I am curious can I apply for H1b transfer in July 2008. Or would that be a completely new application?

Thanks in advance

afaik you will need to leave the US and come back to activate that new H1. Every H1 is effectively a "new" H1 (whether its a transfer or not). The employer has to get LCA etc. the important issue is the cap, and I believe you will not be subject to the cap in this case. However as your status would be EAD, you cant active H1 status from that new employer without leaving the US and comingback in