Ac21 Porting

[patience101]

EB3 PD 2001 feb
I 140 approved
EAD and AP approved
Filed I 485 on March 12, 2008
Waiting 180 days over.
1. If I take a job offer with similar job description and a slightly higher salary, can the previous employer sue the new company for taking me.
2. Employer often threatens to terminate employment. What are the consequences and options?
3. H1B expires in 2011.
Need advice from you please!!!!

[ginnu]

Originally Posted by patience101

EB3 PD 2001 feb
I 140 approved
EAD and AP approved
Filed I 485 on March 12, 2008
Waiting 180 days over.
1. If I take a job offer with similar job description and a slightly higher salary, can the previous employer sue the new company for taking me.
------------------NO (why need to inform what is your salary to previous employer ??)
2. Employer often threatens to terminate employment. What are the consequences and options?
------------------if I-140 approved and I-485 pending more than 180 days you are eligible for AC21. once join new employer send request to invoke AC21 to USCIS.
3. H1B expires in 2011.
------------------if your H1 is from previous employer and you want to join new employer and want to maintain H1 status (better option) then new employer need to file H1 transfer and join new employer once you get H1 transfer filing receipt from USCIS.
Need advice from you please!!!!

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

[m_img]

ginnu is correct....

Get a copy of Yates 2005 memo on AC21 and spend sometime going over it. You'll feel more knowledgeable and empowered.

Good luck!

[patience101]

Thank you for replying. Please if you have the link to yates memo 2005 AC21would you be kind enough to post it.
Ginnu about the salary, what you say is right, but the question of suing the new employer is a cause of worry to him, I hope that is not an issue.
Also from what I understand is it necessary to inform the current emplyer about H1 transfer, or ask the new employer to do it and then tell the current employer.
Your input is valuable.

[ginnu]

Originally Posted by patience101

Thank you for replying. Please if you have the link to yates memo 2005 AC21would you be kind enough to post it.
---------------Link posted
Ginnu about the salary, what you say is right, but the question of suing the new employer is a cause of worry to him, I hope that is not an issue.

------------------------not a problem
Also from what I understand is it necessary to inform the current emplyer about H1 transfer,
-----------------not necessary
or ask the new employer to do it and then tell the current employer.
--------------------------------------let the new Employer File H1 transfer and once you get H1 transfer filing reciept you can join new employer. many move to new employer and dont inform the past employer and many inform. it depends on your relationship with past employer
Your input is valuable.

Read the AC21 Memo
http://www.shusterman.com/pdf/ac21-51205.pdf

[patience101]

Thank you Ginnu.