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Leaving H1-B sponsored employer on Jan 31 and H1-B will be cancelled/revoked.With approved EAD,advisable to do H1-B porting?

Nashville, TN |

My H1-B is valid till Jun-28-2013 and EAD till Jan-5-2014. Leaving H1B & Green Card sponsoring employer on 31-Jan-2013. H1B is getting withdrawn/revoked.

Applying for H1B extension with present employer on premium processing

I am on EB2(I) with June 15,2008 as priority date.

I have a new job offer with same responsibilities.

Will it be advisable to join the new employer with H1-B porting?Or better to start working on EAD?

The new employer is planning to send me to work in India (native country) for a few months after i join here in USA.

My worry is that since my H1B be revoked after my resignation, will it have any negative consequences(like RFE) on my green card processing?

Attorney Answers 2

  1. Best answer

    Since you are a backlogged EB-2 with currently valid EAD the underlying H-1B non-immigrant visa is your "safety net" in case your adjustment of status should "run in to a snag" prior to approval. Consult with experienced immigration counsel related to your new employer and seek to file a PP parallel H prior to 31 January 2013 as you have indicated. Always best to maintain the NIV "safety net" under such circumstances.

    Response to this question does NOT establish an attorney-client relationship with the person requesting such information.

  2. Immediately seek advice from the company immigration attorney or the consel who handles your case.

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