Murky Situation, and I need advice...

D

danger00

New Member
Hi there,

I have some questions, and even though I spend a lot of time searching the forums, could not find a similar problem. Here is my problem;
I am working for Company A, which got me an H1B (first 3 years expires at 05/31/08). They also sponsored me for EB-3. I got a really good offer (conditions and pay wise) from company B, and I would like to take it by using AC21 (more than 180 days passed since my I-485). My questions are:

1- If I move to Company B, should I use EAD or try to transfer H1B? Does it make a difference? I would like to keep my H1B status as a backup, and since my first 3 years is going to end soon (in 2 months), what would be the right approach?

2- I don't know how Company A will play this, but I would like to think about the worst case scenario. The lawyer who took care of all the applications so far works for Company A, and when I mentioned AC21, he told me it would be conflict of interest to answer that question. Can Company A screw my GC application?

3- What would be your advice in this kind of situation? Even though I am not happy at Company A, if this move will create potential problems, I am willing to stay until I get my I-485 approved.

Here are my details;
Entered US using AP on 02/08 from vacation overseas
Rest of the World Category
Nebraska Cervice Center
Priority Date: 05/2006
I-140 Approval Date: 01/07
I-485 Received Date: 07/13/07
I-485 Notice Date: 08/14/07
Fingerprint Date: 10/07
I-485 Status: Pending
AP Approval Date: 10/07
EAD Approval Date: 10/07

Thanks a lot for all your help, I greatly appreciate all the info on these forums.
 
danger00 said:
Hi there,

I have some questions, and even though I spend a lot of time searching the forums, could not find a similar problem. Here is my problem;
I am working for Company A, which got me an H1B (first 3 years expires at 05/31/08). They also sponsored me for EB-3. I got a really good offer (conditions and pay wise) from company B, and I would like to take it by using AC21 (more than 180 days passed since my I-485)
-----------------is your I-140 approved?

. My questions are:

1- If I move to Company B, should I use EAD or try to transfer H1B?
----------------------best option is to join new employer with H1 transfer
Does it make a difference?
-----------------YES, you can bring spouse on H4 and if any problems with I-495 then you still will have H1 status
I would like to keep my H1B status as a backup,
-------------------that is good option
and since my first 3 years is going to end soon (in 2 months), what would be the right approach?
----let new employer file H1 transfer and can join once you get H1 transfer filing reciept
2- I don't know how Company A will play this, but I would like to think about the worst case scenario. The lawyer who took care of all the applications so far works for Company A, and when I mentioned AC21, he told me it would be conflict of interest to answer that question. Can Company A screw my GC application?
------------------------ your mistake talking to company A lawyer for AC21. you should talk to employer B lawyer.If your I-140 is approved and I-485 pending more then 180 days then you are eligible to use AC21



Here are my details;
Entered US using AP on 02/08 from vacation overseas
Rest of the World Category
Nebraska Cervice Center
Priority Date: 05/2006
I-140 Approval Date: 01/07
I-485 Received Date: 07/13/07
I-485 Notice Date: 08/14/07
Fingerprint Date: 10/07
I-485 Status: Pending
AP Approval Date: 10/07
EAD Approval Date: 10/07

Thanks a lot for all your help, I greatly appreciate all the info on these forums.
Click to expand...

------------------
 
danger00 said:
I would like to keep my H1B status as a backup, and since my first 3 years is going to end soon (in 2 months), what would be the right approach?
Click to expand...

Since you have more than 3 years of H-1B left, the H-1B will serve as a back up in real sense. When you join the new employer they will extend your H-1B up-to 3 years at a stretch.
 
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