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

Asked almost 2 years ago - 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 H1B is getting withdrawn/revoked.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. Thomas Johnson Rosser

    Contributor Level 11


    Best Answer
    chosen by asker

    Answered . 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... more
  2. Alexander M. Ivakhnenko

    Contributor Level 20


    Lawyer agrees


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

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
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