Dear Folks,
I beg of you to help answer an H1B question that has been torturing my head:
I am a Filipino citizen with an H1B visa with Company A (expiring 9/30/08 - this is my first 3 years ). I have never traveled out of the US (per advise of my immigration lawyer) so I never got the stamp and such. Company A also sponsored my green card application. My labor certification was filed on 07/26/2006. My I-140 has been approved. My I-485 has been filed and has been pending for more than 180 days; however, I would prefer to keep my H1B visa status than work on EAD card.
I just started my search for a new job; thus I have no offers at this point. However, it is my objective to fix my immigration status such that it will be less painful for future employers to consider hiring me. I have not broached the topic of renewing my H1B with Company A because I was under the notion that I could just find another employer who will take care of renewing my H1B; thereby sparing Company A of the expense and trouble of renewing me. After speaking to a few people, I realize that it might be easier for my future employer, Company B if I already renewed my H1B visa with Company A and then just file for a transfer later with Company B.
Could you please share your best opinion on what I should do -- considering processing times, etc?
Many thanks. I appreciate all your help.
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You can invoke AC21 & work on EAD ( which you don't want to do!)
Transfer your current H1 to a new H1 sponsoring employer. You'll get 3 yr H1B from the date you apply i.e. Notice Date/Receipt Date/end date mentioned by your employer/attorney
Continue working for current emploer & renew your H1b
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1. You dont want to apply for EAD but want to stay in H1B
2. You want to spare your curent employer of H1B extension expenses which is about 300 dollars ?
You still have time left in your Current h1B. So best thing is to keep looking for Job and when you find the right one , ask the new company to sponser you and ask them to pay for H1B fees ( new h1B costs about 3000 including attorney fees )
If by some reason , you couldnt get a job before your current H1 expires ( give a 30 day period before it expires) , ask you r current emplyer to renew it.
Whther it is renew or new h1B tranfer , the end date on h1B would be the same ( 3 years from the end date of current H1B)
I dont see any reason for you to worry. This is US man , ask employer to pay money and get rid of all burdens on you mind.
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