I am working at University A. I did NIW and have AP and EAD since Feb 2012. I used AP to go back China and re-enter US Oct 2012, but did not use EAD so far. (I am still “kind of" working on my H1B with A after using AP).
I will move to a new position in University B in a few months. To be 100% safe (I do not want to use EAD), I asked B to file a new H1B for me, and B will do it.
My questions are:
For this new H1B by B, what is the application category (B asked me this question)? 1) Change of Employer (person is H1B, and will change from A to B); or 2) Change of status (person is in US, and will change to H1B from a different visa status).
-Your Temporary Worker status/Visa (H status/Visa) category is: "H-1B". Temporary worker visa/status include H-1B, H-1B1, H-2A, H-2B, etc.
What is my current nonimmigrant status, AOS (since I used AP), or H1B?
I guess I have to put H1B here, because the "nonimmigrant" here?
-Fine or put "Parolee".
What is my Status expiration date (depending on the answer to the above question): 1) expiration date of my H1B with A?
-Fine if you put your status as H-1B.
2) expiration date on the new I-94 when I entered US using AP last year (1 year from the day I entered US)?
-Yes, if you put your status as Parolee.
3) expiration date of my renewed AP/EAD (roughly 2 years from now)?
-No.
My wife is the same status as me (H1B with A, used AP last year, but did not use EAD so far). We are not sure whether she will be able to find a job in the city B (where B is) in the near future. I believe she can stay legally even she has no job in City B for a while (as she used AP, so technically she is AOS now). To be 100% safe, should I change her to H4 (using Form I-539)?
-Not necessary. If her I-485 has problem, just go to China to get the H4 visa to come back.
If so, what is her “current nonimmigrant status” as needed on I-539? I guess we will have to put H1B here?
-Parolee or H-4, correspondent to your status.
Also, if she gets a job while H4 application is pending, can she use EAD to start working?
-Yes.
Or we better wait until H4 is approved, and change her back to H1B to work?-Not need.
Sorry for the long message. 3X!
