AC21 with EAD only OR H1 Transfer is also accepted for AC21??

P

prq20

Registered Users (C)
In my situation, with being stuck in the namecheck, I am not sure how much time its going to take to receive my I-485. It has already been 8 months since my company has filed I-140 and I-485 concurrently in EB2. Also, my I-140 is still pending.

I have following Questions:

Can I take benefit of AC21, even though my I-140 has not approved yet but it has been more than 6 month 485 is pending?

Do I need to accept new job offer on EAD only or I can transfer H1 and still can be benefitted by AC21?

If my present employer withdraw I-140 which is not even approved, what would be my situation?

What are the risks involved?

Thanks for the help.
 
I think, you can do premium processing of your pending I-140 and get it approved faster.

For your other questions, I am also curious, can someone answer please......

prq20 said:
In my situation, with being stuck in the namecheck, I am not sure how much time its going to take to receive my I-485. It has already been 8 months since my company has filed I-140 and I-485 concurrently in EB2. Also, my I-140 is still pending.

I have following Questions:

Can I take benefit of AC21, even though my I-140 has not approved yet but it has been more than 6 month 485 is pending?

Do I need to accept new job offer on EAD only or I can transfer H1 and still can be benefitted by AC21?

If my present employer withdraw I-140 which is not even approved, what would be my situation?

What are the risks involved?

Thanks for the help.
Click to expand...
 
prq20 said:
In my situation, with being stuck in the namecheck, I am not sure how much time its going to take to receive my I-485. It has already been 8 months since my company has filed I-140 and I-485 concurrently in EB2. Also, my I-140 is still pending.

I have following Questions:

Can I take benefit of AC21, even though my I-140 has not approved yet but it has been more than 6 month 485 is pending?
------------------ why not to upgrade I-140 with premium processing. for AC21 I-140 approved and I-485 pending more than 180 days. move only AFTER I-140 gets approved
Do I need to accept new job offer on EAD only or I can transfer H1 and still can be benefitted by AC21?
-------------------it is better to join with H1 transfer. AC21 has nothing to do with H1 or H1 transfer. AC21 is filed for I-485 approval based on new same/similar permanent job offer
If my present employer withdraw I-140 which is not even approved, what would be my situation?
-----------------Before I-140 approval he can withdraw the I-140 and your situation will be if you are on H1 then H1 status but I-485 cant be approved as you wiull not have any I-140 approved and no AC21. start the GC process from first step
What are the risks involved?
----------------------Dont think of moving before I-140 is approved. once your I-140 gets approved then post for the info.
Thanks for the help.
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Thanks Ginnu & rsrinivas27,

As you suggest, if I upgrade my I-140 for PP, what are the chances of approval while my namecheck is still pending?

Don't they do background check on I-140 applicants?
 
prq20 said:
Thanks Ginnu & rsrinivas27,

As you suggest, if I upgrade my I-140 for PP, what are the chances of approval while my namecheck is still pending?
------------------- I-140 has nothing to do with Name check or Background check.
Don't they do background check on I-140 applicants?
Click to expand...

Name check or Background check is done for I-485 and on the base of the info you wrote on form G325 is sent to FBI and other agencies .
 
So if I want to use AC21, I need to have a job offer with same/similar title and job descriptions. I want to transfer my H1-B to my new employer.

Question: The labor underlying H1B by the new employer has to have the same/similar job description and title of position, or just a letter with a permanent job offer per AC21 guidelines which may not match the new H1 labor is sufficient?
 
prq20 said:
So if I want to use AC21, I need to have a job offer with same/similar title and job descriptions.
----------------------Yes, they care more about job duties.
I want to transfer my H1-B to my new employer.
---------------You CAN if the new employer is ready to file H1 transfer. H1 has nothing to do with filing AC21. AC21 is filed for pending I-485.

Question: The labor underlying H1B by the new employer has to have the same/similar job description and title of position, or just a letter with a permanent job offer per AC21 guidelines which may not match the new H1 labor is sufficient?
Click to expand...

for H1 employer file LCA not LC
H1 is present job and GC is for future job.
when you say AC21 guidelines it means same/similar job duties as on LC that was filed by your employer and then on base of that LC I-140 was filed.

dont mix H1 job duties with AC21 same/similar job duties and dont mix LCA with LC
for more info read AC21 MEMO:
http://www.shusterman.com/pdf/ac21-51205.pdf
 
Thanks Ginnu, I am aware of the difference between LCA (H1) and LC (GC) As we change employers (AC21) who files for H1 transfer using a fresh LCA, should this new LCA contain the same/similar job title and duties that shall be used to file AC21?

Is there any relationship between future permanent job offer (title/duties) by the new employer that they will provide in the offer letter for AC21 and the job title/duties they mention in new LCA for H1 Transfer?

Just want to know if there is any dependency.
 
prq20 said:
Thanks Ginnu, I am aware of the difference between LCA (H1) and LC (GC) As we change employers (AC21) who files for H1 transfer using a fresh LCA,
should this new LCA contain the same/similar job title and duties that shall be used to file AC21?
--------------------- Not necessarily the same. H1 has nothing to do with GC. H1 is for present job and GC for future job. If they get LCA with same/similar that is ok and if they don’t that is also ok. USCIS officer at the time of I-485 approval or invoking AC21 is not going to look at LCA, he is going to look at job offer letter and LC that is in your file with him.

Is there any relationship between future permanent job offer (title/duties) by the new employer that they will provide in the offer letter for AC21 and the job title/duties they mention in new LCA for H1 Transfer?

Just want to know if there is any dependency.
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Thanks Ginnu for the clarification.
Yates memo also suggests that one can invoke AC21 also when concurrent 140/485 is pending for more than 180 days. The only catch would be not having the backing of employer in case of any issues during 140 adjudication.
Please correct me if I am wrong.
 
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