IS AC21 with H1b Possible ?

[susi_babu]

Hi All,
I would like to change my employer without disturbing my GC Process and i know the best way is using AC21 with EAD but, i have not applied for EAD and i wish to know is there any other way to do it by H1b Transfer because i don't want to fore go my H1b. Pls advise me on any possible way.

Thanks
Susi

[Jackolantern]

Yes, you can use AC21 with an H1 from a new employer, instead of EAD.

EAD is not the "best" way, it's just more convenient in most cases because the new employer doesn't have to spend any money or do any complex paperwork to sponsor you. If anything, H1 is the better way if you can find an employer to do it, as it allows you to file H4 for a spouse and provides a backup if your EAD renewal is delayed. But most employers refuse to file H1.

[susi_babu]

Hi Jack,
Thanks for your reply. one more question striked after i saw ur reply.
The H1 you said is totally new from the new employer or to reuse my current H1 (So called H1 transfer) ?

Thanks
Susi

[ginnu]

Originally Posted by susi_babu

Hi Jack,
Thanks for your reply. one more question striked after i saw ur reply.


The H1 you said is totally new from the new employer or to reuse my current H1 (So called H1 transfer) ?

Thanks
Susi

you are with A and have H1 of employer A if you want to change job with employer B then let employer B file H1 transfer with USCIS and once get H1 filing reciept join B and then file AC21 request ( AC21 is for pending I-485). you can also take the help of Employer B lawyer to invoke AC21. (if you inform employer B that you have Valid EAD then employer B may not file H1 transfer Because for H1 transfer filing B has to pay USCIS fee)
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[susi_babu]

Hi Ginnu,
Thanks for your info. Yes my new employer is willing to file H1B transfer.