rubs_65

Hi,

My company has applied I-485 /I-140 for myself and my wife last month and we are expcting EAD/AP around november. My h1-b is expiring in dec 2003 but my company is not renewing it due to legal fees and also since i will be getting EAD.
Is it advisable to get H1-B renew by paying legal fees myself or EAD is good enough....I am thinking in terms that if i got layed off after dec...how will i manage visa?

Thanks
-rubs

Hnchoksi

    >Subject: ead/ap vs H1
    >From: rubs_65 [email protected]
    >Date: 9/5/03 10:09 PM Eastern Daylight Time
    >Message-id: <[email protected]>
    >Hi,
    >My company has applied I-485 /I-140 for myself and my wife last month
    >and we are expcting EAD/AP around november. My h1-b is expiring in dec
    >2003 but my company is not renewing it due to legal fees and also since
    >i will be getting EAD.
    >Is it advisable to get H1-B renew by paying legal fees myself or EAD is
    >good enough....I am thinking in terms that if i got layed off after
    >dec...how will i manage visa?

If you get laid off, how will an H-1 help you? You will be out of status
anyway...with EAD, you could at least work somewhere else...

rubs_65

If i layed off after dec then for new company they need to get new h1-b from quota(may be 65000 if law passed) but if i have old h1-b they can just renew it and that don't come under this quota?

--Rubs

Jozef

"rubs_65" <[email protected]> wrote in message
news:[email protected]...
    > Hi,
    > My company has applied I-485 /I-140 for myself and my wife last month
    > and we are expcting EAD/AP around november. My h1-b is expiring in dec
    > 2003 but my company is not renewing it due to legal fees and also since
    > i will be getting EAD.
    > Is it advisable to get H1-B renew by paying legal fees myself or EAD is
    > good enough....I am thinking in terms that if i got layed off after
    > dec...how will i manage visa?

As Hnchoksi said, an H-1B extension won't help you when you get laid off.
With an EAD, you can continue to work. To avoid jeopardizing your AOS
process, any new job should be the same as or similar to the one on which
the I-140 is based. Also, make sure the company does not withdraw your I-140
in case you are laid off until your I-485 has been processed 180 days.

Jozef

"rubs_65" <[email protected]> wrote in message
news:[email protected]...
    > If i layed off after dec then for new company they need to get new h1-b
    > from quota(may be 65000 if law passed) but if i have old h1-b they can
    > just renew it and that don't come under this quota?
Your H-1B won't be renewed, it will be 'transferred' to a new one. That new
H-1B is subject to the quota, but I don't think you have much to worry
about. I heard the proposed quota corresponds to the actual number of
requests for H-1B visas during the past 12 months!

Advdora

Transferred H1-Bs are not subjected to Quota.

"Jozef" <jozef.*take this out*[email protected]> wrote in message
news:[email protected]...
    > "rubs_65" <[email protected]> wrote in message
    > news:[email protected]...
    > >
    > > If i layed off after dec then for new company they need to get new h1-b
    > > from quota(may be 65000 if law passed) but if i have old h1-b they can
    > > just renew it and that don't come under this quota?
    > >
    > Your H-1B won't be renewed, it will be 'transferred' to a new one. That
new
    > H-1B is subject to the quota, but I don't think you have much to worry
    > about. I heard the proposed quota corresponds to the actual number of
    > requests for H-1B visas during the past 12 months!