H1 Transfer

[renu]

What is the name of your state? NJ
I got my H1 approved in nov'06. Till date my employer cldn't get me a project. My hubby has filed I-485 in july'07. G-325A contains details about my employer . Also my H1 copy is submitted to INS for I-485 filing.

I am planning to Transfer my H1 to another company. Now if i do that will it affect in getting I-485 approval? or EAD problems? ( we have not applied for EAD yet though ).

Plzz advice.

Thanks

 

[ImmigAttyLana]

You can't transfer your H-1B because you are not in H-1B status since you are not working and getting paid by your employer so your petition for a H-1B would only be approved, if otherwise approvable, for consular processing. If you already have a pending I-485, it is really silly to try to apply for a H-1B and go for consular processing when you could have the EAD and not be bound to any particular employer since you are the derivative applicant.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[renu]

Thank you very much for your prompt response.

Yes you are absolutely correct about me being so silly to go for H1 transfer when i can get EAD.

So you are saying as of now i am out of status since I don't have a project so no pay stubs. But won't this too affect I-485 / EAD approval although my husband is the main applicant filing for GC ?

Can i verify in any way if i am out of status as of now.?

 

[ImmigAttyLana]

It should not affect your I-485 since you don't have to provide paycheck stubs. You are out of status, technically, but now unlawfully present so you can file the I-485. But for you to transfer your H-1B to another employer, you need to provide paycheck stubs to show that you are working in H-1B status and if you are not, the petition cannot be approved as a transfer but as consular processing, most likely.

What is there to verify, I am not sure. If you are not working, then you are violating your status since the H-1B is a WORK visa for the specific employer. As soon as you are not working, you are out of status. Practically speaking if it is for a couple of weeks, it's not an issue since most people are paid every two weeks, but if you have not been paid since November, that's about 8 months, so that's fairly noticeable.