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View Full Version : H1B extn after Layoff..Currently on H1B(have EAD)


Robert Kumar
01-06-2011, 12:46 PM
Hi,
Please advise this scenario. Been in US for 9 years now.

1. July 2007 filer,so I have EAD and AP renewed two times. so far so good.
2. Never had to use EAD, as working with same employer, always on H1B. Got last H1B extension for 3 years based on approved I-140.
3. Now if my employer is laying me off, and I find a new employer who is willing to do a H1B transfer.

Now with this scenario,

A. How many years of H1B extension will I get. Is it 3 years based on my approved 140 from previous employer.

B. If I have to use EAD, then should I intimate USCIS about this, AC21 etc. If so, then will my current lawyer do it, or can I switch my lawyer, as I dont want to work with existing lawyer, though he is good, yet, he is tied to my old company, and I dont want any of my information to be visible to my previous company in any way.

C. I heard INS can send an RFE for current job. Where will that RFE go. to current lawyer or new one.

Thank you,
Bobby.

nousername
01-06-2011, 01:26 PM
Answers:
A. Don't know
B. If he is good then hire the old attorney and you will be his client, not your old company so under client privacy he should not release any unwanted information to your old employer. If you are uncomfortable then get a new attorney.. You can find a lot of them in any city.
C. RFE will go to the attorney, whoever you decide to go with.

Question, why so much love for H1? When you have EAD then just use that especially when you have been paying for it..

Hi,
Please advise this scenario. Been in US for 9 years now.

1. July 2007 filer,so I have EAD and AP renewed two times. so far so good.
2. Never had to use EAD, as working with same employer, always on H1B. Got last H1B extension for 3 years based on approved I-140.
3. Now if my employer is laying me off, and I find a new employer who is willing to do a H1B transfer.

Now with this scenario,

A. How many years of H1B extension will I get. Is it 3 years based on my approved 140 from previous employer.

B. If I have to use EAD, then should I intimate USCIS about this, AC21 etc. If so, then will my current lawyer do it, or can I switch my lawyer, as I dont want to work with existing lawyer, though he is good, yet, he is tied to my old company, and I dont want any of my information to be visible to my previous company in any way.

C. I heard INS can send an RFE for current job. Where will that RFE go. to current lawyer or new one.

Thank you,
Bobby.