Ac-21/H1-B/EAD

[cooldude2k4]

Guys,
Please answer this.

Can I transfer my H1 with a new company once my I-140 is approved and I-485 is pending for more than 180 days. At this point, if I inform USCIS that I'm using my AC-21, do I have to be working on EAD or I can continue on H1 with the new employer and use the AC-21. Does it pose any issue to my GC process. Please responsd.

Thank you.

 

[Yuppie]

If you plan to change employers using AC21, you don't HAVE to be working on an EAD (if you have one)...you can get your H1 transferred to the new employer - in fact, most people (including myself) recommend this to be a safer and logical option since it provides a backup in the event of a 485 denial. So I would say it is best to maintain H1 status until the 485 is finally adjudicated.



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Disclaimer: I'm not an attorney, just a smart alec

 

[cooldude2k4]

If you plan to change employers using AC21, you don't HAVE to be working on an EAD (if you have one)...you can get your H1 transferred to the new employer - in fact, most people (including myself) recommend this to be a safer and logical option since it provides a backup in the event of a 485 denial. So I would say it is best to maintain H1 status until the 485 is finally adjudicated.



======================================
Disclaimer: I'm not an attorney, just a smart alec

Thanks for your reply.