Urgent Help Company Sold - Using H1 or EAD?

[portalfaq]

Hi,

I have my I-485 pending since july 2007.Currently working with H1B valid until August 2009 with my employer (company A) who sponsored GC.Recently Company A was brought by Company B. I have my EAD also renewed 2nd time valid until april 2011. But I have not used it yet. Company B is willing to transfer my H1B.

Here are my questions.

1. Do I need to invoke AC21 irrespective of using H1B or EAD with comapny B? My understanding is to invoke AC21 only in case of using EAD with the new employer. Please clarify.
2. In case of using AC21, do I have to wait until It get approved before I can join company B?
3. Also what is the risk of invoking AC21? I heard I-485 is not being approved without the NOID by the USCIS lately.
4. What needs to match for the AC21? Anyway my job description, title remains the same. Salary is reduced by 7% with the new employer.
5. How much time I have to leave in case of 485 is not approved?

thanks
portalfaq

[ginnu]

Originally Posted by portalfaq

Hi,

I have my I-485 pending since july 2007.Currently working with H1B valid until August 2009 with my employer (company A) who sponsored GC.Recently Company A was brought by Company B. I have my EAD also renewed 2nd time valid until april 2011. But I have not used it yet. Company B is willing to transfer my H1B.

Here are my questions.

1. Do I need to invoke AC21 irrespective of using H1B or EAD with comapny B? My understanding is to invoke AC21 only in case of using EAD with the new employer. Please clarify.
-----------------Join with H1 or EAD, invoke AC21.
2. In case of using AC21, do I have to wait until It get approved before I can join company B?

-------once join B then invoke AC21
3. Also what is the risk of invoking AC21? I heard I-485 is not being approved without the NOID by the USCIS lately.
------------------- if one dont invoke AC21 then USCIS is sending long RFE or NOID. better invoke AC21 and you can take help of B lawyer once join B.
4. What needs to match for the AC21? Anyway my job description, title remains the same. Salary is reduced by 7% with the new employer.

--------------USCIS care about same/similar job duties.7%Salary is not problem.
5. How much time I have to leave in case of 485 is not approved?
----------------------- Do you mean if I-485 gets denied?? keep H1 status as back up.
thanks
portalfaq

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[portalfaq]

thanks ginnu. I have one more question.

My attorney from company A told me that they have to file the H1 Employer Change to the Company B name. But I would have to start my job in company B next monday.

My attorney said since I have the EAD I can start working with Company B using my EAD in the I9 form to get working for company B and once I get the H1 transfer and approved, he said , I would have to reverify the I9 with the H1B status. That way, I will not lose the Non-immigrant status if I use the EAD until I get the H1 approved.Can anybody help me if this is correct? I need this to be clarified as soon as possible.

But I am doubtful that switching from H1 to ead and back to H1 from EAD temporarily is possible.

I need an expert advice.

thanks

[TheRealCanadian]

Originally Posted by portalfaq

My attorney from company A told me that they have to file the H1 Employer Change to the Company B name. But I would have to start my job in company B next monday.

If B bought A completely, then it's a successor in interest transaction and no new H or AC21 would be required. But in the worst case, can they not get the H application received by USCIS by monday?

And worst case, you have a few days of unauthorized employment or you lose the H status until you leave and re-enter the US with the new H. Big deal.

[portalfaq]

Yes. It is actually a successor in interest transaction. In that case do I have to have H1 filed before monday? to start working with the company B ?

[ginnu]

Originally Posted by portalfaq

thanks ginnu. I have one more question.

My attorney from company A told me that they have to file the H1 Employer Change to the Company B name.
---------------------lawyer is correct
But I would have to start my job in company B next monday.
------------------ if H1 transfer petition reaches USCIS BEFORE Monday then you can join B or ask the lawyer for the evidence that Petition has reached USCIS. Your Lawuer is playing safe so that no problems in future.

My attorney said since I have the EAD I can start working with Company B using my EAD in the I9 form to get working for company B and once I get the H1 transfer and approved, he said , I would have to reverify the I9 with the H1B status. That way, I will not lose the Non-immigrant status if I use the EAD until I get the H1 approved.Can anybody help me if this is correct? I need this to be clarified as soon as possible.

But I am doubtful that switching from H1 to ead and back to H1 from EAD temporarily is possible.
------- you can join new employer with EAD but you will not be on H1 status. once H1 petition of B gets approved you may have to go out of US and can enter again on H1 status by getting new I-94(you may also have to get H1 visa stamp if H1 stamp expired)

I need an expert advice.

thanks

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[appada]

I was on H1 with 3 year term due to an approved I140. When my 485 was nearly an year old, I used EAD and switched employers.
I promptly semd AC21 related papers .
Now my project/department is being floated as a seperate company in 2 months time.

Should I send change of employer papers again ?
Thanks in advance for your response to my query..

[ginnu]

Originally Posted by appada

I was on H1 with 3 year term due to an approved I140. When my 485 was nearly an year old, I used EAD and switched employers.
I promptly semd AC21 related papers .

Now my project/department is being floated as a seperate company in 2 months time.

Should I send change of employer papers again ?
--------------------you can send new Employer job offer letter after you join new employer, so that no question in future. (keep the copy of each Document that you send to USCIS)
Thanks in advance for your response to my query..

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