H1 - EAD - H1

[avinashkiran@gmail.com]

Dear all,

Request to please share your knowledge and clarify my concern.

Since June 2001 and until December 2011, I was on H1. I have my approved I-140, I-485 (Pending), EAD and AP. Since, December 2011 I am working on EAD.

Can I apply for an H1B, in spite of completing 6 years of H1B tenure(on the basis of I-140) while I am working on EAD.

Many thanks in advance...

[Belle]

Ask your lawyer. If you still have a valid H1 approval (even though you are not using it), it is almost for sure you can extend.

[avinashkiran@gmail.com]

Dear Belle/All,

Thanks for your input.

My extended H1 Petition (6 years original +3 years 1st extension +3 years 2nd extension) will expire 2012 June.

However, my understanding is, in the wake of using EAD will automatically voids my H1B and because I have exhausted 6 years, I will be eligible for new H1B if I am outside the country for 1 year. Please let me know, if you or anyone else think otherwise.

For clarity here is my status..

H1B - June 2001 - December 2010 (With 2 times extention). Company A.

Using EAD - Since December 2010. Company B.

PD - November 22nd 2006. EB3. Hopeless.

Based on the above, can the company B file for H1 based on my approved I-140.

Once again many thanks in advance...

[Belle]

"However, my understanding is, in the wake of using EAD will automatically voids my H1B and because I have exhausted 6 years, I will be eligible for new H1B if I am outside the country for 1 year. Please let me know, if you or anyone else think otherwise."

I do think otherwise. Use of EAD does not "void" your H1. You are no longer in H1 status, obviously, but your H1 is still valid. Thus, you may extend it beyond 6 years under AC21. You will have to enter on H1 to be in H1 status, though.

[avinashkiran@gmail.com]

Thank You Bell/Shiv/All,

Thanks for your response. Certainly that feedback gave me some confidence.

Shiv, to answer you...I work for a big organization. Although, I can apply for a new GC (Perm, Labor, I-140), my organization has a lot of back logs and until the backlog filing is complete they will not entertain my application as of now. Its a sorry full state.

However, many thanks to Belle/Shiv/everyone and I hope I would still continue to receive your feedback if there are any nuances to my status.

My best Regards...

[avinashkiran@gmail.com]

Dear All,

I must have assumed an important point in considering all the above situation.

H1B - June 2001 - December 2010 (With 2 times extension). Company A. Although, the H1B Visa is valid until June 2012.

Working on EAD - Since December 2010. Company B.

I am not sure if my H1B is still valid. What if my H1B is revoked by the previous (Company A) employer? Considering it is almost 9 months I have quit the company.

Am I still eligible for H1B transfer?

How to know, if my H1B is still valid and not revoked. I checked the uscis web site, the postactivity decision message is still old as of July 2009.

Can anyone please clarify...

Many thanks in advance...