AC21 vs H1B transfer Question

[BhatlSingh]

Hi
I got my I-140, EAD and AP.
I am waiting for the I-485 approval ( RD : 15-Aug-2007). There was a layoff in the company and my job was axed. I found a new job that's similar to the old one.

Should i use AC21 or request my new employer to transfer my H1B ? It's been my 9th year extension on H1B. The future company attorney said the new H1B ( after transfer ) would only be valid for 1 year and not 3 years as I had thought.


Can someone educate me on the following ?
The Nebrasca Service Center says the "Processing TimeFrame" for Employment based I-485 is 30-Jul-2007. I read that the EB2 numbers for India have been exhausted. Do these have any relations ?

Since my RD is Aug 15 2007, would I get my I-485 approval soon ? The reason I am interested to do H1B transfer is to avail the possibility of marring someone from India in the next 1 year and adding her on my GC. But if my I-485 is approved soon, then it's no use doing H1B transfer.

Please advise.

 

[GC_Dec2002]

You can transfer but...

BhatlSingh,

You have 2 choices :
1. Join on EAD and file AC21
2. Do H1B transfer and get 1 year H1B and start work. (3 years is not available for AOS applied people).

I changed same way but before filing AOS. That's why I got 3 year H1b with new employer. Now I am waiting for GC approval from old company.

All the best.

Hi
I got my I-140, EAD and AP.
I am waiting for the I-485 approval ( RD : 15-Aug-2007). There was a layoff in the company and my job was axed. I found a new job that's similar to the old one.

Should i use AC21 or request my new employer to transfer my H1B ? It's been my 9th year extension on H1B. The future company attorney said the new H1B ( after transfer ) would only be valid for 1 year and not 3 years as I had thought.


Can someone educate me on the following ?
The Nebrasca Service Center says the "Processing TimeFrame" for Employment based I-485 is 30-Jul-2007. I read that the EB2 numbers for India have been exhausted. Do these have any relations ?

Since my RD is Aug 15 2007, would I get my I-485 approval soon ? The reason I am interested to do H1B transfer is to avail the possibility of marring someone from India in the next 1 year and adding her on my GC. But if my I-485 is approved soon, then it's no use doing H1B transfer.

Please advise.

 

[BhatlSingh]

Thanks GC_Dec2002. Yes, EAD route is simpler for the new employer. H1B transfer route has personal benefits. But the H1B transfer efforts would go waste if my I-485 is approved soon. I see that the processing time frame for I-485 is 30-Jul-2007. That means mine would be approved in the near future (my I-485 RD is 15-Aug-2007). Once my I-485 is approved, I can't add a dependent.

But i am reading something about EB2 numbers not being available. What's the significance of this ? Can i get my I-485 approved and still wait for my GC because EB2 numbers are not available ? Or these 2 are tied ?

I am inclined for the H1B transfer because i suspect the I-485 approval is going to take a long time. Is that a valid concern ?

Please advise.

 

[nelsona]

Thanks GC_Dec2002. Yes, EAD route is simpler for the new employer. H1B transfer route has personal benefits. But the H1B transfer efforts would go waste if my I-485 is approved soon. I see that the processing time frame for I-485 is 30-Jul-2007. That means mine would be approved in the near future (my I-485 RD is 15-Aug-2007). Once my I-485 is approved, I can't add a dependent.

But i am reading something about EB2 numbers not being available. What's the significance of this ? Can i get my I-485 approved and still wait for my GC because EB2 numbers are not available ? Or these 2 are tied ?

I am inclined for the H1B transfer because i suspect the I-485 approval is going to take a long time. Is that a valid concern ?

Please advise.

Since you are EB2 India, it is unlikley that you will get approval before October, since the quota has been used up for the year.

You need to get familiar with the monthly Visa Bulletin issued by the state department.

And as to your statement that you cannot add a dependant once your I-485 is approved, this is incorrect. If you have a child or spouse BEFORE approval, they can submit an I-485, if otherwise eligible, based on your sponsorship, even after your GC is approved.

But, as isaid, you won't be getting AOS anytime soon.

 

[BhatlSingh]

Thanks. But I am still not clear on the Visa Bulletin's date with regards to I-485. Here is the link to the NSC https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

If you look at the I-485 ( Employment based), it says Jul 30-2007. What does this date indicate ? My receipt date for I-485 is Aug-15-2007. Does that mean my I-485 would be approved soon ?

My PD is May 2004. Does this mean, I get my I-485 approval soon ?

Last, If i join my new employer using EAD, Can marry someone in India before my I-485 is approved and then sponsor her GC ? Is this safe ?

 

[justdoit]

Your 485 has a chance to get approval only when your dates are current.
Per Mar 08 Visa bulletin, EB2 INDIA is currently "U" (unavailable). So, theoretically, no EB2 INDIA cases should be approved until Mar 31, 2008.

The date you pointed out which is the service center processing times probably just says that they have done pre-processing for 485 cases received through Jul 30-2007.

To my knowledge, Yes, I think you can file 485 for spouse anytime before your 485 is approved and include your spouse on your application. Remember, you can only file for spouse when dates become current for you. And when dates become current for you, your case becomes eligible to be approved. So, you should file for spouse as soon as dates becomes current.