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milmuk
02-06-2011, 08:35 PM
Hello experts,

My situation:

1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.

4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006


Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.

My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.

Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.

Is it possible to convert ead to H1? What could be the consequences?

Please advice.:confused:

Thanks

abhay
05-04-2011, 02:01 PM
Yes it is possible to apply for H1b, it will be a new H1B. You will have to go outof the country and enter using H1 to readjust your VISA status

HRPRO
05-04-2011, 02:26 PM
Hello experts,

My situation:

1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.

4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006


Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.

My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.

Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.

Is it possible to convert ead to H1? What could be the consequences?

Please advice.:confused:

Thanks

You can switch back to a H-1 and have an EAD in parallel. In fact it is a safer bet and gives you the flexibility to travel easily. I would not recommend you use the EAD unless you have to and stay on H as long as possible. But irrespective of whether you use your EAD or not, do not let it expire and dont forget to renew it. Just keep your options open.

HRP

gk_2000
05-04-2011, 02:32 PM
What if you open a company and sponsor your own H1? Ha! That will have a lawyer in knots!

HRPRO
05-04-2011, 02:43 PM
What if you open a company and sponsor your own H1? Ha! That will have a lawyer in knots!

Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D

snathan
05-04-2011, 02:45 PM
Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D

When the employe and employer are two different entity...why can not?

I will have a very good employer- employe relationship...:D

HRPRO
05-04-2011, 02:47 PM
When the employe and employer are two different entity...why can not?

I will have a very good employer- employe relationship...:D

When you start your own company arent you the employer or part of the ownership and when you sponsor your H, arent you the employee too? Sorry if I am missing something here

snathan
05-04-2011, 02:50 PM
When you start your own company arent you the employer or part of the ownership? Sorry if I am missing something here

Its legally allowed the employer and employe can be the same person...but will be treated as two different entity...I dont have any other info..need to research.

gk_2000
05-04-2011, 04:18 PM
Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D

I said so because as EAD you can do (ok, almost) whatever GC holder can do. Employer = EAD, employee = H1.. :) But yes, I am kidding, it is unlikely to be allowed