x*8
2 楼
这个AOS真是比较tricky,
大家一起探讨一下,
基本上是说,如果用了EAD,那么如果485被拒,那么立刻out of status,
现在假如,我用了EAD换了工作,然后新公司又帮我file了一份H1b,
这样结果会怎样?
我的理解是,这样即使485被拒, 还有个h1b pending,不会立刻out of status,
但是这样看起来有些奇怪,
大家一起探讨一下,
基本上是说,如果用了EAD,那么如果485被拒,那么立刻out of status,
现在假如,我用了EAD换了工作,然后新公司又帮我file了一份H1b,
这样结果会怎样?
我的理解是,这样即使485被拒, 还有个h1b pending,不会立刻out of status,
但是这样看起来有些奇怪,
b*2
3 楼
以前可以的,现在share选择里没有微信了,是微信的问题?
m*z
5 楼
如果有h1b身份 就没有out of status的问题 为什么看起来奇怪
x*8
9 楼
What is ‘H-1B Portability’?
In October 2000, former President Clinton signed the American
Competitiveness in the Twenty-First Century Act (AC21). One of the most
sought after provisions in AC21 is the “portability” provision, which
eases the process of changing jobs.
Under AC21, H-1B workers can begin working for a new employer as soon as the
new employer files an H-1B petition for the worker with USCIS.
The regulations define “filing” as having been physically received by
USCIS.
Qualifying workers for whom a petition was filed can begin work for the new
employer immediately upon USCIS receiving the H-1B petition.
The primary limitation on this portability provision is that the new
employer must have filed a “non-frivolous” petition, which is one with
some basis in law and fact.
To take advantage of the AC21 portability provision, the worker must either
be in H-1B status, or be in another non-immigrant status (F-1, B-2, H-4, etc
) and have previously been in H-1B status and not left the US for over 12
months.
The worker must not have engaged in unauthorized employment since admission
to the US.
Employers should follow current I-9 documentation procedures, as well as
keeping a copy of the worker’s I-94 and a copy of the receipt notice for
the new H-1B petition.
【在 x**8 的大作中提到】
: 因为先用EAD换了工作,已经激活了oas,
: 然后又file了一份h1b,
: h1b不能加急,只能pending,
: 在pending期间,可能就面试了,
: 这里的问题是:激活了AOS后,又file h1b,会不会使pending的485失效,或其他不良影
: 响?
In October 2000, former President Clinton signed the American
Competitiveness in the Twenty-First Century Act (AC21). One of the most
sought after provisions in AC21 is the “portability” provision, which
eases the process of changing jobs.
Under AC21, H-1B workers can begin working for a new employer as soon as the
new employer files an H-1B petition for the worker with USCIS.
The regulations define “filing” as having been physically received by
USCIS.
Qualifying workers for whom a petition was filed can begin work for the new
employer immediately upon USCIS receiving the H-1B petition.
The primary limitation on this portability provision is that the new
employer must have filed a “non-frivolous” petition, which is one with
some basis in law and fact.
To take advantage of the AC21 portability provision, the worker must either
be in H-1B status, or be in another non-immigrant status (F-1, B-2, H-4, etc
) and have previously been in H-1B status and not left the US for over 12
months.
The worker must not have engaged in unauthorized employment since admission
to the US.
Employers should follow current I-9 documentation procedures, as well as
keeping a copy of the worker’s I-94 and a copy of the receipt notice for
the new H-1B petition.
【在 x**8 的大作中提到】
: 因为先用EAD换了工作,已经激活了oas,
: 然后又file了一份h1b,
: h1b不能加急,只能pending,
: 在pending期间,可能就面试了,
: 这里的问题是:激活了AOS后,又file h1b,会不会使pending的485失效,或其他不良影
: 响?
x*8
10 楼
好像用了ead,就不能file h1b transfer了,
the
new
【在 x**8 的大作中提到】
: What is ‘H-1B Portability’?
: In October 2000, former President Clinton signed the American
: Competitiveness in the Twenty-First Century Act (AC21). One of the most
: sought after provisions in AC21 is the “portability” provision, which
: eases the process of changing jobs.
: Under AC21, H-1B workers can begin working for a new employer as soon as the
: new employer files an H-1B petition for the worker with USCIS.
: The regulations define “filing” as having been physically received by
: USCIS.
: Qualifying workers for whom a petition was filed can begin work for the new
the
new
【在 x**8 的大作中提到】
: What is ‘H-1B Portability’?
: In October 2000, former President Clinton signed the American
: Competitiveness in the Twenty-First Century Act (AC21). One of the most
: sought after provisions in AC21 is the “portability” provision, which
: eases the process of changing jobs.
: Under AC21, H-1B workers can begin working for a new employer as soon as the
: new employer files an H-1B petition for the worker with USCIS.
: The regulations define “filing” as having been physically received by
: USCIS.
: Qualifying workers for whom a petition was filed can begin work for the new
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