AC21 or H1B

E

empee

Registered Users (C)
Friends,

Like many of us I am past the 180 day mark where a person is eligible to use the AC21 provision and move to "same or similar" jobs. However there are some looming questions which I am sure many have answered before or seen answers in other forums. If you could please point to those threads or answer it right here it would help me greatly.

I am in a two tiered contract with my end client. My intermediate layer (Company B) is a very reputed and a household name in engineering. My GC sponsoring company is just a manpower company (Company A) that has placed me via Company B to my client place (Company C) which is a Fortune 20 company

Now Company B is interested in hiring me and trimming a layer of my contract. I still have 2 years remaining in my 6 year H1 and of course have my EAD/AP from my GC process. PD is in 2006 under EB3 hence GC is nowhere in sight. Here are some options I have,

1. Use EAD to move to Company B (Disadvantages would be that the salary could be more than what was quoted in LC plus in the event of denial I would be out of status)

2. Use H1B to move to Company B (not sure if this is considered abandonment of my GC process, plus can I do AC21 stating I am moving to another company but using H1 instead of EAD. Will this affect my GC?)

3. Use H1B to move to Company B but don't submit any AC21 papers. This is probably the riskiest of the three but I've heard many people getting GC without any RFE for EVL.

Please help or provide links to other forums where such questions are discussed :confused:
 
1. A greater salary is not a disadvantage unless it is so HUGE that it looks like the next job is not "same or similar".

2. AC21 allows changing from H1 to another H1 without using EAD.

3. Whether you have to submit AC21 papers depends on if your former employer asks USCIS to revoke your I-140. If you get an the RFE/NOID, you'll have to submit it for sure. If you submit it proactively, that might prevent an RFE/EVL or NOID, but USCIS often sends the RFE/NOID anyway.
 
Thanks

Gentlemen or Ladies who answered my question, thanks a bunch. You replies are reassuring. I have also heard that salary raise should not be an issue, but my salary within my sponsoring company has increased 20 to 30% since I filed labor (thanks to heavy bargaining !!!) and with this move of trimming a layer I can expect another 10 to 15% raise. So thats almost a 40% raise altogether from my labor filing salary. However unlike others who state that they are in same or similar job but are actually in a different or senior role, mine is a 100% true statement. I have always been with the same end client, same job, same desk etc, its just the negotiations (threats of leaving :D) and trimming layers that has caused my salary to spurt. So I am hoping this will not be a problem, but have to wait and see.
 
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