AC21 / H1 Transfer / EAD

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dukhi_aatma

Registered Users (C)
Friends,
I have following questions. My I140 has been approved and there has been >> 180 since 1485 ND.
1. Can I go for H1 transfer to get new employment? Is it safer than using EAD for a new Job ?

2. Is it OK to get a new job in different region, i.e. moving to east coast from west coast.

3. AC 21 memo says that I485 applicant is EXPECTED to tell INS about his intent. If 140 are withdrawn then officer may reject the I1485 application. What is maximum damage, current employer can do to your approved I140 application ? I think its better to inform INS as in case of H1 transfer or AR11 chances of getting RFE ( requesting job info etc ) is very high.

4. If labor is approved from CA is it ok to work in NY using AC21 ?
 
Originally posted by dukhi_aatma
Friends,
I have following questions. My I140 has been approved and there has been >> 180 since 1485 ND.
1. Can I go for H1 transfer to get new employment? Is it safer than using EAD for a new Job ?
------yes you can do H1 transfer, H1 transfer is safe
2. Is it OK to get a new job in different region, i.e. moving to east coast from west coast.
---YES, AC21 does not say anthing regarding location
3. AC 21 memo says that I485 applicant is EXPECTED to tell INS about his intent. If 140 are withdrawn then officer may reject the I1485 application. What is maximum damage, current employer can do to your approved I140 application ? I think its better to inform INS as in case of H1 transfer or AR11 chances of getting RFE ( requesting job info etc ) is very high.
------- it is better to inform USCIS that you changed employer and would like to use AC21
4. If labor is approved from CA is it ok to work in NY using AC21 ?
---YES

Take the print out and Read the AC21 august Memo:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
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Approved I140

Thanks a lot ginnu. What current employer can do with a approved I140 ? A H1 transfer keeps I485 application valid, can someone use AP to leave the country ?
 
Re: Approved I140

Originally posted by dukhi_aatma
Thanks a lot ginnu. What current employer can do with a approved I140 ?
----- if I-140 approved and I-485 pending more than 180 days the past employer who filed I-140 cannot revoke I-140 even if employer sends letter to revoke the approved I-140 the USCIS is not going to revoke it, better you update USCIS about your intent change and use AC21 by sending new future permanent job offer letter

A H1 transfer keeps I485 application valid, can someone use AP to leave the country ?

----- if you have approved AP you can use that AP. I did not understand your question.
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AP when H1 is valid

Let me make myself clear.
If I have valid H1 then is it OK to use AP ? Does H1 transfer have any affect on I485 ?
 
Re: AP when H1 is valid

Originally posted by dukhi_aatma
Let me make myself clear.
If I have valid H1 then is it OK to use AP ?
------ if you have valid H1 Visa stamp it is better to use H1 Visa or use AP

Does H1 transfer have any affect on I485 ?
------NO, both are diffrent petitions
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Way to resign

If one has employment offer, how he / she should resign. Giving a resignation tells a lot about the 'intent' of applicant and on the same line it says that current employer is not going to offer an employment upon I485 approval ! Is there a way to draft resignation letter ? :confused:
 
Re: Way to resign

Originally posted by dukhi_aatma
If one has employment offer, how he / she should resign. Giving a resignation tells a lot about the 'intent' of applicant and on the same line it says that current employer is not going to offer an employment upon I485 approval ! Is there a way to draft resignation letter ? :confused:
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Bona Fide Offer

Is this OK ginnu to leave like that ? Company is doing OK, only thing is I am getting bored. Is there any legal implication if I e-mail a resignation letter?

AC21 says offer of employment must have been bona fide and the employer must have had the intent, at the TIME the I140 was approved to employ the beneficiary upon adjustment.
These lines are too legal for me and I am not able to understand anything at all :eek: Who is employer here ? How one can prove that the next imployer has intent to employ, if no offer has been made by anyone yet ! :(
 
Re: Bona Fide Offer

Originally posted by dukhi_aatma
Is this OK ginnu to leave like that ? Company is doing OK, only thing is I am getting bored.
------ if getting bored take vacation for few days and dont change if company is OK, becase known devil is better than the unknown devil
Is there any legal implication if I e-mail a resignation letter?
------- no problem, better clear everything with new employer that you will need new job offer letter from them
AC21 says offer of employment must have been bona fide and the employer must have had the intent, at the TIME the I140 was approved to employ the beneficiary upon adjustment.
These lines are too legal for me and I am not able to understand anything at all :eek: Who is employer here ? How one can prove that the next imployer has intent to employ, if no offer has been made by anyone yet ! :
------ i have replied to the above in your other post. GC is for future job , one can be working with X and Y can file LC I-140 for employee, one need to work with Y only after I-485 approval. your employer filed I-140 for you and he had the INTENT to hire you permenently AFTEr I-485 approval, if he did not had the Intent he would have not filed I-140 for you. if the USCIS would have dicoved someting wrong with employer Intent they would have not approved I-140.
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