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I-485 Portability (AC21) Change employers after 180 days. What if you are laid off before 180 days.

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Old 9th April 2009, 01:18 AM
cnadella cnadella is offline
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Eligible for H1B Transfer on AC21?

I have a full time offer from a IT corporate (Company A) and in this tough market times I am thinking I have no better option than to accept the offer and take the job. But my job Company A is not willing to file a AC21 by themselves cause there attorney is saying let the RFE come when ever it comes and they will attend to it at that time.

But meanwhile my H1B expired recently on 1st February 2009, can I even ask this Company A to file for a H1B transfer am I even eligible to apply for as my H1B has recently expired.

And if I am eligible to apply for a H1B transfer, can I travel in and out of the country using my AP instead of getting a H1B stamping (cause it is a pain in Chennai as well as at port of entry these days due to the economy).

And while all this is happening can I file for AC21 by myself without even telling Company A about it with just the job offer letter they give me. That job offer letter has only the Job Title and salary (which is similar to my LC title/wage).

Please advice as I have to get back to Company A with my acceptance of denial of the offer by this Friday and I really appreciate any input that all the experts on this form have to provide.
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