AC21 - when using H1, EAD - Urgent please

[Josh09]

Hi-

I'm currently working on H1-B and 485 is in pending status. I-14- is approved. I have EAD (passed 180 days). I have an offer from an employer who will not do AC21 portability but is willing to do an H1 transfer.

If I accept the offer and do an H1 transfer, Is there any way I can maintain AOS and do AC21 portability through someone?

What are the options if I transfer H1 and the employer doesn't do AC21?
What are the options if I use EAD and the employer doesn't do AC21?

Please throw thoughts

Regards-
Josh

[ginnu]

Originally Posted by Josh09

Hi-

I'm currently working on H1-B and 485 is in pending status. I-14- is approved. I have EAD (passed 180 days). I have an offer from an employer who will not do AC21 portability but is willing to do an H1 transfer.

If I accept the offer and do an H1 transfer, Is there any way I can maintain AOS and do AC21 portability through someone?

What are the options if I transfer H1 and the employer doesn't do AC21?
What are the options if I use EAD and the employer doesn't do AC21?

Please throw thoughts

Regards-
Josh

Employer does not do AC21. You have pending I-485 and you need permanent job offer letter from new employer with same/similar job and you can invoke AC21 directly with pending I-485. If new employer is not ready to give you permanent job offer letter with same/similar job duties to invoke AC21 then better not to join him. I-485 can not be approved if you don’t have permanent job offer.