H1-B Transfer and conversion to GC-EAD

[Bob_86]

Hello Folks,

I have a couple of quick questions -

1. I am currently on H1-B and i got a new offer and H1-B transfer is offered (haven't started yet), I know because of suspension of PP, it's hard to tell the timeline. Any thoughts?

2. After my wedding here in U.S, the status will be changed to EAD initially. How does this change of status transition take place?

3. Can I travel Outside U.S for at leasr 3-4 days with current valid H1-B VIsa stamp and new employer H1-B receipt ( anticipating H1 transfer will take some time to receive approval)?

4. If H1-B is denied for any reason and EAD is not yet approved, what are my chances to stay within country and what if I change to any other statuses (B1orB2)?  How does Change of status take place?

 

Any information provided is appreciated. Thank you!

[pontevecchio]

What would be the basis of your EAD?

[Bob_86]

Family based - Wedding. Marrying Citizen.

[pontevecchio]

1. Join the new company once they file your H1 petition.

2. EAD is not a status. Once your application for adjusting status is on file you are allowed to stay till the GC arrives and you are allowed to use the EAD for work and AP for travel till the GC arrives.

3. You do not need to wait for H1 approval. You can join the new company with the receipt of their H1 petition.

4. You are a tad confused. At the current rate your H1 petition with B will take a long time and you will have the GC well before that. Once your I-130/AOS is on file you are in a safe harbor having married an USC as almost everything is forgiven for the spouse of an USC. In any case once your AOS is on file you are allowed to stay. You are allowed to work for the new H1 employer on receipt of their H1 as long as you are in valid H1 status now. By the time they decide this H1 you will already have a GC.

[Bob_86]

Thank you very much for the answers. Quick clarifications...

For question #2 What does AP means? and how can I obtain that for travel? And also my concern for question #3 is pretty much same, if I could travel outside U.S with just H1-B transfer receipt(while H1 transfer is in processing). Could you please clarify these.

Thanks again.

[pontevecchio]

Would you first take the time and trouble to go through

 

https://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

AP = ADVANCE PAROLE

Your spouse will file I-130 along with AOS/EAD/AP, all things being explained in the above site in detail. Once your application including AOS is on file you can legally stay . Once you get the AP/EAD as one document in a few months you can work and travel till the GC arrives in a few more months

You can only come back in H1 status after travel if you continue working for the current employer. What is your hurry to travel in H1 status?

Also consider letting a law firm file the necessary papers.

[Bob_86]

Thank you, I will do that.

[pontevecchio]

Let us know. Good luck to a speedy process.

[Bob_86]

I hope H1-B transfer process takes longer and slower. As my wedding would be late summer.

[pontevecchio]

Once you get your AP/EAD H1 is history.

[Bob_86]

Yes, before my EAD paperwork starts, H1 should be either approved or in progress and if not I would be in trouble, if it rejects or for RFE.?