AC21 Question Please help

[gcdreamer4]

Hi Gurus,

Like most of you I am also suffering from the retrogression, here is my scenario and questions,

Labor and I 140 approved in EB3(more than 3 years back), 485 filed in 2007, have been on EAD working for the same employer. My Labor was filed as Computer Software Engineer, Applications(job code 15-1031) and priority date is Sep 2005. I could not apply in EB2 because lawyers said, I cannot use the experience of current company and I did not have masters.

Now, I have an offer from company B for the position of Senior Manager IT, but I will be working in the same application as in my labor but with additional responsibility of Manager and a significantly higher salary than mentioned in my labor.

Question 1 - Do I need to file AC 21 if I joined this new job in company B?

Question 2 - If I file AC21, will I face any issue because the new job is different from the one in Labor?

Question 3 - What is the recommended approach in my scenario?

Question 4 - I also have my H1 valid till Feb 2010, is it better to get my H1 transferred to company B, If yes, how long this process takes now a days?

Question 5 - Is it recommended to file a new EB2 Labor and I 140 from my new employer with the new job and responsibility and use my original priority date? I believe I can do EB2, now that I can use experience from Company A, Whats the process of using the original priority date? If I do this do I need to go through the 485 processing again? including the medicals..finger printing etc...

Please help.... any help suggestions will be appreciated.

 

[ginnu]

Hi Gurus,

Like most of you I am also suffering from the retrogression, here is my scenario and questions,

Labor and I 140 approved in EB3(more than 3 years back), 485 filed in 2007, have been on EAD working for the same employer. My Labor was filed as Computer Software Engineer, Applications(job code 15-1031) and priority date is Sep 2005. I could not apply in EB2 because lawyers said, I cannot use the experience of current company and I did not have masters.

Now,

I have an offer from company B for the position of Senior Manager IT, but I will be working in the same application as in my labor but with additional responsibility of Manager and a significantly higher salary than mentioned in my labor.
------------------------No problems
Question 1 - Do I need to file AC 21 if I joined this new job in company B?
------------------------ Better file AC21 request after join B.
Question 2 - If I file AC21, will I face any issue because the new job is different from the one in Labor?
-------------------------GC is for future job. USCIS knows that one update skills. when you file AC21 with B job offer better to write same/similar skills as on LC. they dont care about job title or salary.
Question 3 - What is the recommended approach in my scenario?
---------read above
Question 4 - I also have my H1 valid till Feb 2010, is it better to get my H1 transferred to company B, If yes, how long this process takes now a days?
----------------- you have used EAD for work and your H1 is not valid. if you have valid H1? why did you use EAD? H1 transfer can be filed if one is on valid H1 status.

Question 5 - Is it recommended to file a new EB2 Labor and I 140 from my new employer with the new job and responsibility and use my original priority date?
------------------if employer is ready employer can file new LC and once LC gets approved then employer can file second I-140 in EB2. dont forget to write your A# on second I-140 form and provide the copy of I-140 EB3 filing reciept Or copy of EB3 I-140 approval notice to lawyer and ask him to recapture the PD of Sep 2005.
I believe I can do EB2, now that I can use experience from Company A, Whats the process of using the original priority date? If I do this do I need to go through the 485 processing again?
----------------------If I-485 is Pending when second Eb2 I-140 gets approved then request your lawyer to make a request to USCIS to Interfile second EB2 I-140 with pending I-485.(lawyer will need copy of I-485 reciept and Copy of EB2 I-140 approval.


including the medicals..finger printing etc...

Please help.... any help suggestions will be appreciated.

------------------------

 

[gcdreamer4]

Thanks Ginnu. I believe I have not used EAD yet, but I have travelled out of country twice on AP. Not sure if that makes my H1 invalid and my EAD kicked in. Apart from that I have not used EAD and I have been with employer A all along. I have renewed EAD twice.

 

[ginnu]

Thanks Ginnu. I believe I have not used EAD yet, but I have travelled out of country twice on AP.
--------------- you should know if you used EAD for work or not. Having EAD does not mean that one should work on EAD. many have H1 status and working on H1 status and keep valid EAD and AP.
If you have used AP to reenter US and you are working with SAME employer who filed your LATEST H1 then you are on H1 status.Read the Link to Below Memo or links.

Not sure if that makes my H1 invalid and my EAD kicked in. Apart from that I have not used EAD and I have been with employer A all along. I have renewed EAD twice.

Links for H1 and AP:
H1, AP

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

http://www.murthy.com/chatlogs/chat0816.html
Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.
* the above info was posted in Chat from Murthy law office, MD.

**** you can also talk to new company lawyer for more info.