AC-21 with H1 transfer

G

GC_area

Registered Users (C)
Hi all,

I am a new member in this forum but have been a regular reader for quite some time now.If someone could answer some of my questions it would be a great help for me to decide if to use AC-21 or not.

I am on H1 B now which is valid till 2006.I have 140 approved with 485 pending for more than a year now. My 485 is in EB3 category and is retrogressed now as prioity date is Dec 2002. Now my client has offered me job with similar job duties as on my labor, my new employer is ready to do H1 transfer and I have to join him after I receive my H1 filing receipt.
My concerns are:
1- What if, after I receive my H1 filing receipt, I join my new employer and for any reason my H1 transfer is denied .what will be my status?
2- Can I request my new company's lawyer to file for H1 transfer + H1 extension for 3 more years (as per the new AC-21 Yates memo 140 approved and 485 reterogated).

Thanks in advance.
 
GC_area said:
Hi all,

I am a new member in this forum but have been a regular reader for quite some time now.If someone could answer some of my questions it would be a great help for me to decide if to use AC-21 or not.

I am on H1 B now which is valid till 2006.I have 140 approved with 485 pending for more than a year now.
----------you are eligible for AC21
My 485 is in EB3 category and is retrogressed now as prioity date is Dec 2002. Now my client has offered me job with similar job duties as on my labor, my new employer is ready to do H1 transfer and I have to join him after I receive my H1 filing receipt.
My concerns are:
1- What if, after I receive my H1 filing receipt, I join my new employer and for any reason my H1 transfer is denied .what will be my status?
---------------- AOS pending. but for work you need valid EAD or H1
2- Can I request my new company's lawyer to file for H1 transfer + H1 extension for 3 more years (as per the new AC-21 Yates memo 140 approved and 485 reterogated).
---------------- if it is in the Memo then request the company lawyer, the new company LCA should for the time asked for H1.
Thanks in advance.
Click to expand...
 
Please Help - desperate

Hi All,

Somebody please help me, i don't know what to do....here is my story

Company B filed for H1 transfer last week which got approved today, but now when i told my manager and HR department they say that i will need to wait till the start of next quarter as per companies new directive & policy.

Now what do i do ? I mean i have not told my original company A about this at all, so could i keep working on the original H1 ?

I think i should be on the payroll of the company B as they have my approved H1 now correct, but they say wait till next month end , which means no payroll

could i keep to continue work with company A now, i dont want to use EAD .... please anybody reply ... really feeling down ...
 
GC_area said:
Now what do i do ? I mean i have not told my original company A about this at all, so could i keep working on the original H1 ?
Click to expand...

Sure. There's strictly speaking no such thing as an H-1 "transfer", it's really a 2nd H-1B for a 2nd employer. Stay at A until you are ready to switch.
 
Thanks a lot for your reply , it is really helped ease my tension
Thank god for making good people like you,.
 
Thats not correct. If the person had done a new H1B, then he has technically 2 h1B's with 2 different employers and can work for both of them till the expiration dates on each approved petitions. If he does an h1b transfer, then the moment the approval date for the transferred h1b kicks off, he should be working for new employer. I understand that in terms of filing and fees, the new and transfer applications are exactly the same, but by providing recent paystubs, it technically is a transfer. If he goes to India after approval to get his h1b stamped on the passport (if his visa is expired already), they will stamp it with the new employer.

He can either do a new H1b again with old employer with start date of Oct 1st, 2005 as the quota is still open or work with old employer on EAD as he is 180 days through his 485 and then later on work on H1B with new employer. The latter option is better.

TheRealCanadian said:
Sure. There's strictly speaking no such thing as an H-1 "transfer", it's really a 2nd H-1B for a 2nd employer. Stay at A until you are ready to switch.
Click to expand...
 
sjetly said:
If he does an h1b transfer, then the moment the approval date for the transferred h1b kicks off, he should be working for new employer.
Click to expand...

The 2nd H-1B is filed by the new employer - who was not a party to the original H-1B, which was between the original employer and USCIS. There's nothing that the 2nd employer or the alien can do to revoke the original H-1B petition. Therefore, it remains valid until the 1st employer revokes it.
 
Gurus -- Ginnu / UN comments ?

sjetly said:
Thats not correct. If the person had done a new H1B, then he has technically 2 h1B's with 2 different employers and can work for both of them till the expiration dates on each approved petitions. If he does an h1b transfer, then the moment the approval date for the transferred h1b kicks off, he should be working for new employer. I understand that in terms of filing and fees, the new and transfer applications are exactly the same, but by providing recent paystubs, it technically is a transfer. If he goes to India after approval to get his h1b stamped on the passport (if his visa is expired already), they will stamp it with the new employer.

He can either do a new H1b again with old employer with start date of Oct 1st, 2005 as the quota is still open or work with old employer on EAD as he is 180 days through his 485 and then later on work on H1B with new employer. The latter option is better.
Click to expand...


I think the above interpretation is correct. Gurus ginnu and UN could you share your thought's as well on this for the benefit of all.
 
You must log in or register to reply here.
Top