Already a member? Sign in.

Username/Email:
Password:
 
  Not a member? Sign up now
Posted on 30 Apr 2010
Q.

H-1B transfer with 7 yrs used, after EAD/AC21

PD is EB3 ROW 11/2004
I-140 was approved in 06/2008 with company #1
My last H-1B expired in 11/2008 - this was the 7TH YEAR H-1B, company #1
I worked on EAD for company #1 until 11/2009, when I got laid off
I work from company #2 since 12/2009 on AC21/EAD
I last entered USA a month ago time on AP

Can I switch to H-1B even though I used up 7 years of H1, so I can bring my spouse on H4?

This is what lawyers said:
1) My lawyer said it was not possible because I used 7 yrs.
2) A reputable lawyer says that it's not an issue because my I-140 is approved and I can transfer/extend until actual I-485 is approved.
3) A local lawyer says that working EAD last year at company #1 could be an issue.
I would also appreciate explanation/reasoning behind a no/yes so I can check my lawyers

User's Location: Chicago, Illinois, United States of America
Category: H1B Visa (Work Visa)
Posted on 03 May 2010
A.
Want to see the lawyer's answer? Become a member today!
 
 
 
   Already a paid member? Sign in now.
Got a specific question? Ask your question for only $14.95!
User_thumb_2563_Photo_David_Rubman

David Rubman
Immigration Lawyer
Rubman & Compernolle
(312) 341-1907

www.rubmanlaw.com

Browse answers by topic

EMPLOYMENT-BASED GREEN CARD

H1B VISA (WORK VISA)

L1 VISA (WORK VISA)

F1 VISA (STUDENT VISA)

J1 VISA (STUDENT VISA)

B1 VISA (BUSINESS VISA)

B2 VISA (VISITOR VISA)

FAMILY-BASED GREEN CARD

K1 VISA (FIANCEE VISA, FIANCE VISA)

    K3 VISA (MARRIAGE VISA)

      US CITIZENSHIP AND NATURALIZATION

        GREEN CARD LOTTERY (DV LOTTERY)

          ALL OTHER US VISAS

          GENERAL IMMIGRATION

          David Rubman's Answers on Employment-based Green Card: I-485
          User_thumb_2563_Photo_David_Rubman
          David Rubman
          Immigration Lawyer
          53 West Jackson Blvd, Suite 750
          Chicago, IL 60604
          (312) 341-1907
          www.rubmanlaw.com
           1,090 answers
          Feedback from users:
          Satisfied 
           (97)
          Neutral 
           (17)
          Unsatisfied 
           (0)
           28 phone consultations
          Feedback from users:
          Excellent 
           (25)
          Good 
           (2)
          Average 
           (1)
          Poor 
           (0)
          Terrible 
           (0)
           100% Immigration Law
          Nonimmigrant Visas Adjustment of Status
          Employment-based Visas U.S. Citizenship
          Family-based Visas Labor Certification
          Green Cards Expedited Processing
          Reentry Permits Waivers
          AC21 NAFTA Applications
          H,L,F,J Visas Global Transfers