What do I need to change jobs using AC21?

[prpon]

My 485 is currently pending and I Would like to use AC21 and change jobs using my 2 year EAD card.

Unlike the current job, the new job is a consulting gig with a small outfit and the pay rate is hourly.

1. Do I need to get a new lawyer and file for AC21 and transfer all correspondence
to the new lawyer?

2. Would an hourly wage with the new company be an issue? (It is higher than existing full time wage, if you make the calculation and the field is the same, does title matter?)

3. Can I file for AC21 myself? Or is it too complicated?

4. My H1B extension (10th year) is pending with USCIS filed by the current employer. Does it matter now since I am planning to use my EAD?
The new outfit does not plan on filing for H1B transfer or extension.

5. The new job is in the same city but I might have to move to a different address.
Do I need to file any other form other than AC21?


thanks in advance for all your help.

Regards,

[ginnu]

Originally Posted by prpon

My 485 is currently pending and I Would like to use AC21
---------------you are eligible for AC21 if I-485 is pending more than 180 days and your I-140 is approved AND new Employer is ready to give you permanent job offer letter with same/similar job duties.
and change jobs using my 2 year EAD card.
-----------------H1 transfer is better option
Unlike the current job, the new job is a consulting gig with a small outfit and the pay rate is hourly.
-----------------------New job should be Permanent job offer for AC21
1. Do I need to get a new lawyer and file for AC21 and transfer all correspondence
to the new lawyer?
-------------------can file directly or can take help from lawyer

2. Would an hourly wage with the new company be an issue? (It is higher than existing full time wage, if you make the calculation and the field is the same, does title matter?)
-------------------USCIS need Parmanent job offer letter with same/similar job duties
3. Can I file for AC21 myself? Or is it too complicated?
-------Read above
4. My H1B extension (10th year) is pending with USCIS filed by the current employer. Does it matter now since I am planning to use my EAD?
The new outfit does not plan on filing for H1B transfer or extension.

5. The new job is in the same city but I might have to move to a different address.
Do I need to file any other form other than AC21?
---------------form AR11

thanks in advance for all your help.

Regards,

------------

[prpon]

Thanks Ginnu,

My I140 has been approved and 485 has been filed when the flood gates opened about a year back.
Is there a form for AC21? Or is it just a letter you send including your offer letter and other material?

I can get a permanent offer letter with the new company. The duties are similar and should not matter.

Thanks for taking time to reply.

[ginnu]

Originally Posted by prpon

Thanks Ginnu,

My I140 has been approved and 485 has been filed when the flood gates opened about a year back.
Is there a form for AC21?
------------------------------No form for AC21
Or is it just a letter you send including your offer letter and other material?
---Cover letter with your Name, A#, DOB, Pending I-485 reciept# and request to invoke AC21 with pending I-485 reciept#... + Employer permanent job offer letter with same/similar job duties, your job title date you joined. take the help of new company lawyer.

I can get a permanent offer letter with the new company.
----that is good
The duties are similar and should not matter.
---------------good
Thanks for taking time to reply.

you dont seem to be expert in AC21 better ask the new company lawyer to file it or hire your lawyer.
AFTER you join new employer revoke the G28 sent by past lawyer to USCIS. if you dont revoke then if any RFE it will go to him/her. You need to write to USCIS to revoke the form G28 filed by attorney ABCD and inform that ABCD no more represent you. You can request USCIS to send future communication to you directly on your address… Or can hire YOUR lawyer and he can take care of G28 and can also file AC21