AC21 - EAD or H1 Transfer

V

venkat_r

Registered Users (C)
Here's my case details:
PD: Nov'02, EB3, India
H1 - valid till Aug 2010 (8th, 9th and 10th year)
I-485 received date: 06/28/07, I-140 approved in Feb'07
Got EAD/AP.

Now I got a new offer (same/similar job) and I want to use AC21. What should I do? Join on EAD or do H1B transfer? Can I do H1 transfer at all? I know H1B transfer is a little safer than EAD because I 've a status to fall back if there's any problem in I-485 but I want to know if there's any problem with H1 transfer at this stage. Any response is appreciated.
 
Please anyone...should I do H1 transfer or join on EAD? What are the problems (I may face) if I use H1 transfer?
 
If possible you should use H1B transfer. And also you can send papers for invoking AC21 at the same time.
 
Thanks for your response.
But exactly that was my question.What makes it "not possible" to transfer H1?Everyone (including lawyers) suggests not to use EAD and seemingly it's better to use AC21 with H1 transfer.Then why not everyone does it? Is there any problem with H1 transfer?
 
None

venkat_r said:
Thanks for your response.
But exactly that was my question.What makes it "not possible" to transfer H1?Everyone (including lawyers) suggests not to use EAD and seemingly it's better to use AC21 with H1 transfer.Then why not everyone does it? Is there any problem with H1 transfer?
Click to expand...

There is no problem with H1-B transfer. Most Company don't like to go thru the hassle of H1-B. Also when you have an offer from a different company most people find it easy to convince the company that I already have a work permit and you don't have to sponsor m for H1-B.
 
Venkat - transferring H1b based on a AOS (485) app filed along with a I-140 from a previous employer is valid. You should get the same validity on your transferred H1b as you have now.

There are memos that USCIS has published. Refer to Murthy's articles on AC21 where this was discussed.

The only two reasons I can think of NOT transfering H1b while EAD is available:

1-Financial+Hassle to transfer H1b
2-Over confidence on 485 adjudication process!

Hope that helps.
 
Ooz,

I have two years left in my H1B and soon I'll get my EAD. My AOS is pending for more than 180 days.

1-Will H1B transfer to a new company lead to the need to file AOS again?
2-I did a lot of research online and could not find a straight answer to this, if I invoke AC21 based on EAD, what is the status of my H1B? Am I still limited to the 6 years rule of H1B?

The reason for question 2 is that the whole AOS process started with H1B, how the EAD will keep it going without having H1B and without having any relation to the original employer?

Thanks to anyone can help
 
Adding to Venkats question.

Lets say in Venkat's case, if he changes employment using H1 transfer, can he still keep getting extension of 3 years on expiry of this H1 (if needed assuming delays in the final GC) ? Note that the 140 is approved by previous employer and the H1 is with current (new) employer.
 
H1 B transfer Vs EAD

H1B Transfer & EAD :
Still we have H1B transfer, even you have EAD that will be more safer. if some thing happens to your GC process..you wll be on status.

If you are on EAD no H1B :
1) Some times USCIS may reject EAD renewal, in this case there is no chance for you , you should be out of the country.
2) If you GC application is denied, in this case there is no chance for you , you should be out of the country.

I was also in similar situation I got a Job offer from reputed organization on EAD and same time I got other offer with H1B Transfer ( less salary and small company ).

I have choosed second option I went on h1B Transfer. Keeping H1B is always safer game.
 
You must log in or register to reply here.
Top