ACT21 & H1 transfer question ??

I

immi_mygc

Registered Users (C)
Has EAD + 180 days are completed and want to join the new employer by H1 transfer. Question: Does H1 transfer filing receipt need to be required on the first day of the joining new employer. New HR says, they will file H1 transfer when come on board since EAD is there. I do not think that is possible. But it could be possible, the uscis must receive the H1 transfer filing before joining date. Any one had gone thru this situation.
 
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I believe, if you use EAD once - you abandon the H1B status....and cannot come back to H1B....

if really want to come back...may need to apply under the H1B lottery system....

You either need to stick to H1B all along....or just abandon H1B and stay on EAD all along....
 
banta4gc said:
I believe, if you use EAD once - you abandon the H1B status....and cannot come back to H1B....
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Wrong. You can come back to H1, but you'll need to leave the US and re-enter.

if really want to come back...may need to apply under the H1B lottery system....
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Not unless you were cap-exempt before and the new employer is subject to the cap. Merely going out of H1 status to EAD doesn't reset the six-year clock, and if the clock is not reset one does not become cap-subject again.
 
TheRealCanadian said:
Wrong. You can come back to H1, but you'll need to leave the US and re-enter.



Not unless you were cap-exempt before and the new employer is subject to the cap. Merely going out of H1 status to EAD doesn't reset the six-year clock, and if the clock is not reset one does not become cap-subject again.
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Thanks for the posting. But my original question is does the H1 transfer filing receipt is required at the day of the joining or if lawyer confirms he has filed and receipt has not yet received but it will be received.
 
immi_mygc said:
But my original question is does the H1 transfer filing receipt is required at the day of the joining or if lawyer confirms he has filed and receipt has not yet received but it will be received.
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If you're satisfied that the H1 petition has been received, then you are free to start work, and just delay filling out the I-9 until you receive the receipt.
 
Hi RealCanadian,

>Wrong. You can come back to H1, but you'll need to leave the US and re-enter.


Can you please explain with an example. Assume person A is on EAD and has approved AP now and want to change the status to H1B.


Does A need to find a job with company XYZ, apply for H1B transfer and leave US and come back ?:confused::confused:



-regards
 
Hi,

yes, If it is new petition, (due to the H1B lottery !!) need to think twice before using EAD

regards.
 
immi_mygc said:
Has EAD + 180 days are completed and want to join the new employer by H1 transfer. Question: Does H1 transfer filing receipt need to be required on the first day of the joining new employer. New HR says, they will file H1 transfer when come on board since EAD is there. I do not think that is possible. But it could be possible, the uscis must receive the H1 transfer filing before joining date. Any one had gone thru this situation.
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my 2 cents...

the safest way is, to apply the H1 transfer from the new complany and get a receipt before you start.
 
Hi RealCanadian

Can you tell me the process for AC21? I havelready passed 180 days of pending I-485 and i just got my H1-B extended for another 3 years.(based on approved I-140). I have already exhausted my 7th year H1-B. Also have EAD. I am getting a Job in a similar field but more than double the salary plus benefits. Not only that my current company is in little of financial set back. But they are not in any position to shut down. I worked in this company because of the Green card process and took Minimum salary for the position and it is now sis years i have been with this company and thare is no increase in any salary or benifits and hate to ask one because of their financial situation. I don't know if I can transfer my H1-B because it is given to me based on I-140 approved or use EAD and not worry about it at all. Your kind input will help tremendously.
 
Question for "jkvaisnavi"

I'm in the same situaiton and I'm planning to switch the job using AC-21.

I also have a new H1B from the current employer after approval of I-140 which is valid for another 3 years (after 8th year extension).

Why can not I use my EAD card to join the company without transferring my H1B thru the new employer?

I am confused.



jkvaisnavi said:
my 2 cents...

the safest way is, to apply the H1 transfer from the new complany and get a receipt before you start.
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MI_NonRIR said:
Why can not I use my EAD card to join the company without transferring my H1B thru the new employer?
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Using the EAD instead of H1B is not a problem, except that you would lose your H1B status and the benefits that go along with it (e.g. travel without advance parole, bring a spouse into the US on H4).
 
Reply to Jackolantern

Thanks for your repsonse Jackolantern.

My spouse is already in the USA and my AP has been approved already.

So, my questions are:

1. Do I need to get a stamp on my passport using the AP for travel?

2. If I change my employer, do I need to update my AP upon switching or it is only required once (using current employer's info)?

Please advise.

Jackolantern said:
Using the EAD instead of H1B is not a problem, except that you would lose your H1B status and the benefits that go along with it (e.g. travel without advance parole, bring a spouse into the US on H4).
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MI_NonRIR said:
1. Do I need to get a stamp on my passport using the AP for travel?
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No, the AP itself along with your passport (unstamped) is enough.

2. If I change my employer, do I need to update my AP upon switching or it is only required once (using current employer's info)?
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No need to switch or update it, as the AP is not tied to the employer. But you should have a job or job offer with the original sponsor (or other employer if using AC21 portability), or they could reject you at the POE if they know about you not having a relevant job.
 
Thanks Jackolantern

I really appreciate your quick response and advise - it is great!

By the way, do you think getting an attorney for AC-21 cases is a good idea?

I have received the samples of all necerssary letters so that I can notify the USCIS by myself through the HR of my future employer.

Also, my job title is a Manager in my new job whereas, the labor was filed for an engineering position.

Is it going to be an issue?

Please advise.

Thanks.


Jackolantern said:
No, the AP itself along with your passport (unstamped) is enough.

No need to switch or update it, as the AP is not tied to the employer. But you should have a job or job offer with the original sponsor (or other employer if using AC21 portability), or they could reject you at the POE if they know about you not having a relevant job.
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Jackolantern said:
But you should have a job or job offer with the original sponsor (or other employer if using AC21 portability), or they could reject you at the POE if they know about you not having a relevant job.
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There's no basis for them to deny entry. The individual has a pending I-485, which is all that is required. Loss of a job offer does not automatically invalidate the adjustment.
 
Hi TheRealCanadian

Hi TheRealCanadian,

By the way, I am a Canadian too.

Anyway, I'm planning to switch my job using AC21 portability law. Howeever, my new job title is a Manager whereas, the labor was filed for an Engineering position.

Is it going to be an issue?

Please advise.

Thanks.
 
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