AOS through marriage to US citizen and H1B transfer

[wildflour]

Hello,

I'm new to the forum and am looking for solutions from anyone who has been in a similar situation to this. I was laid off last December and was on an H1B visa at the time. The I-94 is valid through August of this year. I understand that I am out of status as far as the H1 is concerned. I did file an adjustment of status (I-485 as well as a request for employment authorization, I-765) through marriage to a US citizen this February. I don't have the EAD as of yet. So here's the question, I have a job offer and the company is willing to do whatever it takes to get me on board (I do have a specialized skill set in the medical device R&D). I am really keen to start working since it is a great opportunity for research and I'd really hate to lose it. I'd like to know what would be the fastest way for me to start employment with the company.

As far as I know, these are my options, please someone correct me if I am mistaken:

1) Have the company file for an H1B transfer ? I could start work once the transfer is filed. It is likely that it will get rejected but the 3-6 month processing time will be sufficient for me to secure the EAD and possibly the green card so the H1 rejection would be a non-issue.

2) File a new H1B with premium processing but this would involve going out of the country and coming back on a new H1B visa and might jeopardize my pending I-485

3) Wait the 70-90 days for the EAD to start work unless there is some way to expedite it ?

If anyone has been in a similar situation, I'd like to hear what you did and what worked

[Belle]

1) Try that.

2) No need to bother.

3) It's always an option.

Does the company have a lawyer? Talk to them. I was in a somewhat similar situation (but no I-485 filed) and my H1 transfered with a new I-94. It all depends on how you have been out of status. If the company paid you as a part of severance, you can generally count that time, too.

[pontevecchio]

Since you married an USC you are A OK as far as Immigration goes. As far as starting work for the new company you can and should start if they have no problem.