AC21 risk!!

[Tracklaw]

Dear Experts/Members, I need your advice in evaluating risks about changing employer using AC21 but other than job description n salary. My PD is May 2006. The client I currently work has offered me a full time but they are put on sale. I am weighing options whether to shift or not! I have couple questions here:

In case I join this client and later they layoff, I can go back to my original GC sponsoring employer. So no problem here..

Assuming they do not layoff and my original GC sponsoring employer withdraw I140, I heard cases where I485s got cancelled by mistake.

Can I be proactive to avoid I485 cancellation in case old employer withdraw I-140, like requesting my old employer to attach my AC21 while withdrawing I140 so that I485 will be valid.

Also, Do I have to go back to old employer once GC is thru?

One final question is, Can the main GC applicant i.e. myself file for H1B transfer thru new employer while dependant working on EAD without H4 filing/transfer?

Hope you will be able to help me with the above doubts clarification. Thank you.

[ginnu]

Originally Posted by Tracklaw

Dear Experts/Members, I need your advice in evaluating risks about changing employer using AC21 but other than job description n salary. My PD is May 2006. The client I currently work has offered me a full time but they are put on sale. I am weighing options whether to shift or not! I have couple questions here:

In case I join this client and later they layoff, I can go back to my original GC sponsoring employer. So no problem here..
---------Yes you can if the employer has not revoked your H1 or go back and work on EAD
Assuming they do not layoff and my original GC sponsoring employer withdraw I140, I heard cases where I485s got cancelled by mistake.
---------------------------- when join new employer file AC21
Can I be proactive to avoid I485 cancellation in case old employer withdraw I-140, like requesting my old employer to attach my AC21 while withdrawing I140 so that I485 will be valid.
---------------why the OLD employer attach AC21? you need NEW employer permanent job offer letter with same/similar job duties to invoke AC21 with pending I-485.
Also, Do I have to go back to old employer once GC is thru?
-------------------NO, if you invoke AC21. your I-485 will be approved on the base of new employer job offer letter.
One final question is, Can the main GC applicant i.e. myself file for H1B transfer thru new employer
------YES
while dependant working on EAD without H4 filing/transfer?
-----Yes
Hope you will be able to help me with the above doubts clarification. Thank you.

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

[Tracklaw]

Thank you very much for clarifying the doubts. If I-485 will be approved on the base of new employer job offer letter then one has to work for the new employer atleast 6 months I guess. Is it correct? Thanks again!

[immi_mygc]

Originally Posted by Tracklaw

Thank you very much for clarifying the doubts. If I-485 will be approved on the base of new employer job offer letter then one has to work for them atleast 6 months I guess. Is it correct? Thanks again!

I think, Not neccessarily. Once you use ACT21 after working 180 days with the sponsering company, all you need to make sure you have same or similar job offer at the time of I485 approval. Because you already worked 180 days from filing of I485 with the sponsering company.

[Tracklaw]

Hi, I am talking about working for new employer atleast 6months and not sponsoring employer. Please advice!

[desi2007]

AC21 is great. but lately I hear that they cancells 485 without NOID. When this happens, you will file an MTR to reopen 485. But we are talking of a delay of few days and ofcourse out of work if that happens with a lot of stress. So AC21 is not fool proof. And If you have dependents attached to your application it gets more complicated.
stick to the current job if you can. if not move using ac21, and get another H1b with the new employer. that will save you a lot of stress.

[Jackolantern]

Originally Posted by Tracklaw

Hi, I am talking about working for new employer atleast 6months and not sponsoring employer. Please advice!

It should be safer if you stayed with the new employer for at least a few months after GC approval, but because there are no clear rules about it, we can't give you any definite answers.

[Tracklaw]

Will GC process (I485 filed more than a year back and I140 approved) continue, in case employer is blacklisted or not doing well? In that case, will it be better to switch using AC21? Thanks a lot!

[ginnu]

Originally Posted by immi_mygc

I think, Not neccessarily. Once you use ACT21 after working 180 days with the sponsering company, all you need to make sure you have same or similar job offer at the time of I485 approval.

Because you already worked 180 days from filing of I485 with the sponsering company.
------wrong info. Employer filed GC for future Permanent job and one need to work after I-485 approval or GC .

--------

[ginnu]

Originally Posted by Tracklaw

Thank you very much for clarifying the doubts.
If I-485 will be approved on the base of new employer job offer letter then one has to work for the new employer atleast 6 months I guess. Is it correct?
-----------------------------Correct
Thanks again!

once you join new employer file request to invoke AC21 and keep the copy of any document that you send to USCIS. if confused about filing AC21 then take the help from Your lawyer or new company lawyer.

[Jackolantern]

Originally Posted by Tracklaw

Will GC process (I485 filed more than a year back and I140 approved) continue, in case employer is blacklisted or not doing well? In that case, will it be better to switch using AC21? Thanks a lot!

If they are blacklisted for having done something wrong with the I-140, USCIS may revoke the I-140 at any time and then cancel the I-485.

If the employer goes out of business, you need to find another "same or similar" job under the AC21 rule to continue your GC process.

[Tracklaw]

Can the main GC applicant (i.e. myself) apply for H1B transfer thru a client (new employer) while dependant working on EAD but not going to file H4 transfer?

[ginnu]

Originally Posted by Tracklaw

Can the main GC applicant (i.e. myself) apply for H1B transfer thru a client (new employer) while dependant working on EAD but not going to file H4 transfer?

your new employer can file your H1 transfer. H4 is tied to your status and H4 is not transferred to employer.H4 Extension can be filed till your H1 status as your spouse is working on EAD his/her H4 status in invalid but if stops using EAD can be again on H4 status if H4 extension is filed.

[santosh71]

Hello Gurus/Ginnu,

I am currently on H1B (8th year), 140 approved 2 years ago and Filed 485 in July 2007, priority date is June 2002 EB3. I have a full time job offer and I will be joining them next week. I struck a deal with my current consultant employer and he is ready to keep my GC/140 alive.

I want to transfer my H1B to the new company, do I have to file the transfer before I join them or can I file h1 transfer after I join them? How many days do I get, I understand that not filing immediately will mean I will join them on EAD.

Also my employer suggested not to inform CIS about the change in employment ie not to invoke AC21. Is that a wise idea?

Thanks guys!

[ginnu]

Originally Posted by santosh71

Hello Gurus/Ginnu,

I am currently on H1B (8th year), 140 approved 2 years ago and Filed 485 in July 2007, priority date is June 2002 EB3. I have a full time job offer and I will be joining them next week. I struck a deal with my current consultant employer and he is ready to keep my GC/140 alive.

I want to transfer my H1B to the new company, do I have to file the transfer before I join them or can I file h1 transfer after I join them?
------------------------------new employer need to file H1 transfer petition BEFORE you join new employer. Join after you have some evidence that Petition has reached USCIS OR get H1 filing reciept.

How many days do I get, I understand that not filing immediately will mean I will join them on EAD.

Also my employer suggested not to inform CIS about the change in employment ie not to invoke AC21. Is that a wise idea?
-------------------- you new employer gave you wrong advice. once join new employer get Job offer letter with same/similar job duties and Invoke AC21. if you dont invoke AC21 and USCIS sends RFE or NOID then more money to lawyer and more documents to be submitted at this time USCIS is sending RFE with long list of documents to be provided and in few cases they also sent NOID. it is better to invoke AC21.
Thanks guys!

-----------

[santosh71]

Thank you Ginnu.

As far as the H1 transfer is concerned, I may be late for that since I am joining next Monday (Feb 23). I think I will have to just join on EAD. My EAD expires on Sept 30 and H1 expires in Oct 2010.

If I join without the H1 transfer now, do I have to wait till Oct 2010 to apply for H1 extension through new employer or can I just apply for H1 extension any time?

From what I understand, once the extension is approved, I will have to go out of US and come back on H1 stamping to get back on H1 status?

Thanks again!

[ginnu]

Originally Posted by santosh71

Thank you Ginnu.

As far as the H1 transfer is concerned, I may be late for that since I am joining next Monday (Feb 23). I think I will have to just join on EAD. My EAD expires on Sept 30 and H1 expires in Oct 2010.
--------------------if you use EAD H1 is invalid
If I join without the H1 transfer now, do I have to wait till Oct 2010 to apply for H1 extension through new employer or can I just apply for H1 extension any time?
--------------------if you join now with EAD then you are not on H1. you are not subject to Cap, employer can send H1 petition any time and you are not subject to cap. you should talk to new employer or new company lawyer.

From what I understand, once the extension is approved, I will have to go out of US and come back on H1 stamping to get back on H1 status?
----------------that is correct if you again want to be on H1 status.
Thanks again!

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

[santosh71]

Thanks Ginnu.

So the new employer will basically send petition to extend current H1 .. not apply for new H1 right?

Also, my 140 was applied based on substitute labor. I can still use AC21 right? 140 approved 2 yrs back and 485 pending for 1.5 years. Just wanted to confirm.

I really appreciate your help!!

[ginnu]

Originally Posted by santosh71

Thanks Ginnu.

So the new employer will basically send petition to extend current H1 .. not apply for new H1 right?
-----------------employer has to file Fresh H1 but you will not be subject to Cap. for more info talk to new company lawyer.
Also, my 140 was applied based on substitute labor. I can still use AC21 right?
-----------------------yes
140 approved 2 yrs back and 485 pending for 1.5 years. Just wanted to confirm.
----------------------you are eligible to use AC21.
I really appreciate your help!!

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

[santosh71]

Thanks Ginnu! Your answers are helping countless people who are stuck in this mess. Hope you are successful in all your efforts.