At what point, the H-1 transfer will cancel the old H-1?
-No point unless your employer request USCIS to cancel the H1.
A further question,
Based on last action rule, old H-1 will be invalid upon the approval of the H-1 transfer, not from the starting date set in the H-1 transfer I-129, am I right?
-Not rgiht. Last action rule only applys to two different status applicaiton (e.g. F1 and H1, etc.), not the same status (e.g. h1 to h1).
It seems much simpler to use EAD rather that to transfer H-1. I understood that the benefit to keep H-1 is that one will not have to stop working and go out the country if his I-485 gets denied.
However if the his H-1 is granted beyond 6 years limit based on an approval I-140, does he still need to stop working upon the denial of his I-485?
-No. If your status is h1, you can continue working even if the h1 is beyond the 6 year H1 limit after I-485 denial. But if you use EAD, you have to stop working after the I-485 denial and you will never get back to H1 again if your 6 year h1 limit is used up unless you go out of US for at least one year.
Thank you again for answering my question.
-No point unless your employer request USCIS to cancel the H1.
A further question,
Based on last action rule, old H-1 will be invalid upon the approval of the H-1 transfer, not from the starting date set in the H-1 transfer I-129, am I right?
-Not rgiht. Last action rule only applys to two different status applicaiton (e.g. F1 and H1, etc.), not the same status (e.g. h1 to h1).
It seems much simpler to use EAD rather that to transfer H-1. I understood that the benefit to keep H-1 is that one will not have to stop working and go out the country if his I-485 gets denied.
However if the his H-1 is granted beyond 6 years limit based on an approval I-140, does he still need to stop working upon the denial of his I-485?
-No. If your status is h1, you can continue working even if the h1 is beyond the 6 year H1 limit after I-485 denial. But if you use EAD, you have to stop working after the I-485 denial and you will never get back to H1 again if your 6 year h1 limit is used up unless you go out of US for at least one year.
Thank you again for answering my question.
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