Applied for AOS, EAD - on H1 - company might go down

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El - 30 Dec 2005 06:40 GMT

Hi,

I have a delicate situation, currently I'm on H1B and have applied for
AOS, EAD this august 05 and am still waiting. Meanwhile, my current
employer might go under and I want to transfer my H1 to another
opportunity. Will this affect the EAD/AOS process ? what should I do ?
Anybody had similiar situation and your feedback is appreciated.

Thanks
/El

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Folinskyinla - 30 Dec 2005 09:10 GMT

> Hi,
>
[quoted text clipped - 7 lines]
> Thanks
> /El

Hi:

It is delicate. You may possibly qualify for job portability IF you
are still working for current company 180 days after filing of
adjustment of status.

This can be dicey. Consult with a good immigration attorney.

Signature

Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

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Folinskyinla - 30 Dec 2005 09:14 GMT

> Hi:
>
[quoted text clipped - 3 lines]
>
> This can be dicey. Consult with a good immigration attorney.

Hi:

Oops. I read your posting with the assumption that you were applying
for adjustment based upon your employment! However, you have posted
here on a marriage based forum.

On WHAT BASIS did you file for adjustment? If based upon mariage, then
losing your job will have no effect. Since you indicate your EAD
application has been pending more than 90 days, you should make an
InfoPass to get an interim EAD which will allow you to work for another
company without need for a new H-1.

Signature

Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

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El - 30 Dec 2005 15:30 GMT

Hi,

Thanks for both the comments. Just to clarify, the AOS is based on
marriage. Will a H1 transfer work faster and safe / should i wait for
(or contact USCIS) EAD to be approved ? Is there any implications of
this job change in the AOS process ? any comments?

/El

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john_t_05 - 30 Dec 2005 20:06 GMT

> Hi,
>
[quoted text clipped - 4 lines]
>
> /El

I transferred my H1B once; it took 6 months. You can work for the new
employer in the meantime, but it really seems like an unnecessary step
for you. I'd focus on getting that EAD card or at least the interim
one, which will let you work for whoever the hell you want or not work
at all. And it won't scare the new employer about having to get you a
work visa.

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Immigration Forum / USA Marriage Base / December 2005

Applied for AOS, EAD - on H1 - company might go down