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I-485 Portability (AC21) Change employers after 180 days. What if you are laid off before 180 days.

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  #1  
Old 11th September 2008, 11:43 PM
mymemberships mymemberships is offline
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use EAD or transfer H1

I am getting a permanent offer for the client where I am working.

Here are my details.

129 – Filled Feb 2006 and approved.
140: Filled Nov 2006. RFE received Dec 2007. And approved. Jan 2008
765: EAD. Filled Aug 2007. Approved.
485: Filled August 2007. Approval pending.

My H1B expires on. 10/1/2010.. This is my 4th year in US

I am looking for possibilities to join employer.
1) I can transfer my h1B to new employer. In this case also can I file AC21 and continue with my GC or my process will be lost. What can be the possible issues in this route?

2) I join new client based on my EAD.
I think the second route is a better option but what can be the possible harms in route 1.

Last edited by mymemberships; 12th September 2008 at 01:23 PM.
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  #2  
Old 12th September 2008, 11:45 AM
ginnu ginnu is offline
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Posts: 13,478
Quote:
Originally Posted by mymemberships View Post
I am getting a permanent offer for the client where I am working.

Here are my details.

129 – Filled Feb 2006 and approved.
140: Filled Nov 2006. RFE received Dec 2007. And approved. Jan 2008
765: EAD. Filled Aug 2007. Approved.
485: approval pending.

My H1B expires on. 10/1/2010.. This is my 4th year in US

I am looking for possibilities to join employer.
1) I can transfer my h1B to new employer.
-------------------------------YES
In this case also can I file AC21 and continue with my GC or my process will be lost. What can be the possible issues in this route?
-----------------------you did not inform when your I-485 was filed. if your I-485 is also pending more than 180 days then you are eligible for AC21
2) I join new client based on my EAD.
-----------------if I-485 is pending more than 180 days then you can join with EAD but H1 Transfer will be better option.
I think the second route is a better option but what can be the possible harms in route 1.
--------------
__________________
Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.
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  #3  
Old 12th September 2008, 01:25 PM
mymemberships mymemberships is offline
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Thanks Ginnu.

My 485 was filled August 2007. So it is more than 180 Days.
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  #4  
Old 27th August 2009, 01:39 PM
anjanroy anjanroy is offline
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AC21 with Expiring EAD

I have slightly different issue. I am going to get an offer pretty soon. My EAD is expiring on 9/25 (a month from now). I have already applied for renewal two weeks back. I am on H1b with my current employer. I have 3 years left on my H1B also. I had used AP for reentry last time which changes my status to Parolee/AOS.

What I want to do is this -

1. Accept the offer and do an H1B transfer
2. Switch to EAD once the renewal is approved.

Based on all my research, this seems to be possible technically - but not sure if anyone has done something like this or if there are any other suggestions.

Thanks in advance
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