AC 21 - Help??

[rkarthi1]

I applied concurrent for my I140 and I485 in Aug. 2004.
substitute labor (PD 6/2001).
EB2
EAD and AP approved. Currently on H1B 7th year.
I140 approved 4/05.

I 485 - waiting


I am planning to shift jobs (the place where I am now on contract, has offered me a full time position). However, the salary is significantly higher. (about 25 - 30 %). It is a similar job function, but a Senior position.
What effect will this have on the AC21 application?
Is it ok to invoke AC21 when the 485 is being worked on?
I read the latest AC21 bulletin that was released by USCIS in May, and it mentions that if salary differences are significant, then they might probe more into the detials of job etc.?

How long does it take for AC21 to get approved???
Can I shift the job and then apply for AC21? Or can I apply, and shift when it gets approved?

Please let me know. Thanks a lot for your help.

 

[ginnu]

I applied concurrent for my I140 and I485 in Aug. 2004.
substitute labor (PD 6/2001).
EB2
EAD and AP approved. Currently on H1B 7th year.
I140 approved 4/05.

I 485 - waiting


I am planning to shift jobs (the place where I am now on contract, has offered me a full time position). However, the salary is significantly higher. (about 25 - 30 %).

It is a similar job function, but a Senior position.
What effect will this have on the AC21 application?
------------ if the job duties are similar then i dont see any problem to use AC21
Is it ok to invoke AC21 when the 485 is being worked on?
------------Yes
I read the latest AC21 bulletin that was released by USCIS in May, and it mentions that if salary differences are significant, then they might probe more into the detials of job etc.?
------------ you have read that
How long does it take for AC21 to get approved???
----------- same time as for I-485 with out AC21, AC21 does not make I-485 approval faster
Can I shift the job and then apply for AC21?
---that will be better
Or can I apply, and shift when it gets approved?
---------- if I-485 gets approved then you cant use AC21
Please let me know. Thanks a lot for your help.

 

[rkarthi1]

Thanks a lot, Ginnu.
So, if the 485 gets approved, can we shift without any paper work being involved? or have to wait till I get the GC to shift jobs?

Also, my job functions are very similar, but the product/component I am working on (brakes) will be different from that in the labor appliaction (wire harness).
Other than that, all primary functions, and all the rest of the job description is similar.

"same or similar job" is a very vague concept. Isnt it?

Is there any other formality to changing jobs on EAD? I am on 7th yr. h1 now.
Can I shift back to H1 , after I take up the offer on EAD? Or should I transfer the H1 to the new company before shifting, just remain on H1 and not use EAD?


I really appreciate your help. Thanks a lot.

 

[ginnu]

Thanks a lot, Ginnu.
So, if the 485 gets approved, can we shift without any paper work being involved? or have to wait till I get the GC to shift jobs?
------------- if the I-485 gets approved and you dont use AC21 then the I-485 is approved based on job offer of the employer whose job offer letter was with I-485, if it was of A then you need to work with A if you use AC21 BEFORE I-485 gets approved and submit job offer letter of B then you need to work with B
Also, my job functions are very similar, but the product/component I am working on (brakes) will be different from that in the labor appliaction (wire harness).
-------- I dont understand brakes/wire, other person may guide you
Other than that, all primary functions, and all the rest of the job description is similar.
----------- if job duties match 80 % then I dont think problem, but still the new employer can write the same duties on job offer letter
"same or similar job" is a very vague concept. Isnt it?
---------- read the new memo
Is there any other formality to changing jobs on EAD? I am on 7th yr. h1 now.
Can I shift back to H1 , after I take up the offer on EAD?
-------- if you use EAD H1 is invalid and cant shift to H1
Or should I transfer the H1 to the new company before shifting, just remain on H1 and not use EAD?
------best option, file H1 trasfer and join after the new employer gets H1 trasfer filing reciept or H1 approval.


I really appreciate your help. Thanks a lot.