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Shift Between EAD and H1

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Sandy2007

Junior Member
What is the name of your state? CA

Hi There,

I am working on H1B for company "A". My wife is working on L1A and her company has filed for Green Card on EB1 with concurrent 485. Hence we have received EAD pending 485.
Company "B" is offering me a Job which is contract to hire at company "c".
My questions are
1) Can I use my EAD when joining company "B" and later when getting hired by company "c" can I switch back to H1B in way of transfer of my H1B which is currently with company "A". Just to be on the safer side in case something goes wrong with GC.
2) Is multiple transfer of H1B within a short duration say of 2 to 3 months ie A to B and B to C would be a problem or cause ins to deny the transfer.
3) The concern is the EB1 was filed in terms of multinational executive and now USCIS has sent a RFE on the I140 which we are yet to receive does this mean we are about to have a denial of the petition by the USCIS.

Thanks,
Sandy
 


Sandy2007

Junior Member
Hi Lana

Hi Lana,

Please do reply to my posting. I see only my posting has not been addressed while other postings are.

Thanks,
Sandy
 

ImmigAttyLana

Senior Member
If your spouse is the principal applicant on the I-485, then it is only her immigration process that is based on the employment. You can work for whomever you want as long as you have valid employment authorization.

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

Sandy2007

Junior Member
Thanks Lana,
My concern is my current situation.

1) Can I use my EAD (Issued depending on the pending 485) when joining company "B" and later when getting hired by company "c" can I switch back to H1B in the form of of transfer of my H1B which is currently with company "A". Just to be on the safer side in case something goes wrong with GC.
2) Is multiple transfers of H1B within a short duration say of 2 to 3 months ie A to B and B to C would be a problem or cause ins to deny the transfer.
3) The concern is the EB1 was filed in terms of multinational executive and now USCIS has sent a RFE on the I140 which we are yet to receive does this mean we are about to have a denial of the petition by the USCIS.

Looking forward for you advice.

Thanks,
Sandy
 

ImmigAttyLana

Senior Member
1. You cannot go from EAD to H-1B and call it a transfer. A transfer is only possible if you are going from one H to another H. It can be a new petition that may not be subject to the quota, but that's not called a transfer.

2. No

3. A RFE is not an indication that the case will be denied. If properly responded to, it should be approved, if it was approvable when and as filed.

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

Sandy2007

Junior Member
Thank you very much Lana

One clarification so even if I use EAD and later want to get on to H1 then I wont be counted against the quota is it for the reason I was already counted against the quota when my visa was approved. If so wouldn't it matter as in my case H1 was approved in the year 2005 and not the current year.

Thanks,
Sandy
 

ImmigAttyLana

Senior Member
You could go to H-1B but it would not be a transfer. You would have to wait for the approval before you could start working for that employer in H-1B status.

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

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