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H1 to EAD to H1

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  • H1 to EAD to H1

    Hi, my BIL was on H1, and lost his job, then he moved on to EAD, which he hadnt because my sister was on h4, then my sister got a job and went to home country to get it stamped as advised by their lawyer. Now her visa got rejected, maybe bec the company she got the job in is not very big. Anyway now for her to come back, my BIL has been advised to go back on H1.

    My questions are:
    1) How safe is it to go from EAD to H1
    2) Is it true that if you are on EAD and then if you try to go back to H1 the chances of it getting rejected are high? And if your H1 gets rejected then there are chances that your EAD will also get rejected?
    3) How long does it take to move from EAD to H1

    Any insights/suggestions/advises on the above would be greatly appreciated.
    Thanks
    Last edited by shmuupie123; 07-17-2009, 12:28 AM.

  • #2
    Please Anyone help!

    Please anyone any seniors, please help and let me know the following.

    Originally posted by shmuupie123 View Post
    Hi, my BIL was on H1, and lost his job, then he moved on to EAD, which he hadnt because my sister was on h4, then my sister got a job and went to home country to get it stamped as advised by their lawyer. Now her visa got rejected, maybe bec the company she got the job in is not very big. Anyway now for her to come back, my BIL has been advised to go back on H1.

    My questions are:
    1) How safe is it to go from EAD to H1
    2) Is it true that if you are on EAD and then if you try to go back to H1 the chances of it getting rejected are high? And if your H1 gets rejected then there are chances that your EAD will also get rejected?
    3) How long does it take to move from EAD to H1

    Any insights/suggestions/advises on the above would be greatly appreciated.
    Thanks

    Comment


    • #3
      It is possible to get back on H1b provided he has a H1b sponsor and a job thereby facilitating a return of your sister on H4. Travel and return on H1 is the best possible way to get back into H1b for a parolee. Many service centers have been denying COS to H1b from parole recently as per attorney blogs as parole is NOT a "status" but just an authorized period of stay.

      These are not simple interpretations of law and a forum can provide only high level explanation to it. A case review by a competent attorney is suggested.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment

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