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  • H1B Amendment and EAD

    Hi,
    Hi,

    I am curently working on H1B. I was working in X location and moved to Y location. My company filed for H1b amendment in Jan. I am waiting for the amendment to be approved.

    Meantime, my spouse's company has applied for GC. We will receive EAD card shortly.

    Now, my questions are :

    1. Can I relocate back to "X location" while H1B amendment is in process ?
    2. If I get RFE for amendment, Can the company withdraw H1B amendment petition as I can work on EAD ?
    3. Will RFE for amendment affect EAD/GC in future ?
    4. Will the duration I worked in "Y location" be considered as illegal if I get RFE ?

    Thanks in Advance!

    squid

  • #2
    txh1b, shervin123

    Can you please advice us ?

    squid

    Comment


    • #3
      Seniors,

      Can you please advice us ??

      squid

      Comment


      • #4
        1. Can I relocate back to "X location" while H1B amendment is in process ?
        >>> Not unless an amendment is filed.

        2. If I get RFE for amendment, Can the company withdraw H1B amendment petition as I can work on EAD ?
        >>> If the EAD gets activated, then yes.

        3. Will RFE for amendment affect EAD/GC in future ?
        >>> No.

        4. Will the duration I worked in "Y location" be considered as illegal if I get RFE ?
        >>> No.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks so much shervin.

          squid

          Comment


          • #6
            Hi,

            Seniors please help me.....

            I am currently working in Location Y on H1.

            I moved from Location X to Location Y in Sep 2011 and my company has applied for the H1B amendment in Jan 2012. It is still in the processing stage. Meantime, my spouse's company had applied for I-485 for both of us. Since we are staying in two different states, I have received RFE for I-485. Hence, I am planning to move back to Location X.

            The concerns I have now are :

            1. Can the company withdraw the Amendment petition now so that I can move back to Location X ? In that case, will my stay in Location Y from Sep 2011 till date is considered out of status or illegal ?

            2. I have EAD where my spouse is the Primary applicant. Can I move from H1 to EAD without working while Amendment is pending and RFE for I-485 ? If yes, I understand that I need to resign and then move to EAD. Do I need to fill out a form or somthing to move from H1 to EAD ?

            3. Since I have received RFE for I-485, will transferring from H1 to EAD and working on EAD be considered illegal if I-485 is denied ?

            4. Will converting to H4 be the best option by withdrawing the H1B amendment ? However, I understand that this might take upto 4 to 6 months and there is no PP too for H1 to H4.

            Thanks so much.

            squid

            Comment


            • #7
              Hi,

              can you please guide us...

              The earlier questions that I asked in this thread were related to H1B amendment RFE and EAD.
              However, I would like to know what happens if I ask the company to wirhdraw H1B amendment while it is being processed. Hence, I have listed down my concerns.

              Can you please reply and guide us ?

              squid

              Comment


              • #8
                Seniors,

                Can you please advice us ??

                squid

                Comment

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