Advice needed for job switch

[tangjc]

Hi All,
I got a very attractive offer from some company so I am thinking about switch my job using the I-485 portablility. My current company is not so stable too because of a big merge.

I submitted my I-485 in January 2004, and my I-140 has been approved half year ago.The current employer also applied my 2nd H1B for me and it is approved too.

Question 1: H1-B Transfer or EAD card?
The new employer can help me to file H1-B transfer. Should I do that or should I use my EAD card to work? I plan to use my Advanced Parole to go home this year, will that invalidate the H1-B? If so, is that still necessary to file H1-B transfer?
Question 2: Should I send AC21 right after job switch?
If I do switch to the new company, should I file AC21 immediately in case the current employer revoke my I-140.
Question 3:Will salary matter?
If the new company pay me much more than what I earned when I filed labor, is that unsafe? The problem, my salary was very low at that time and even in the same company my current salary is about 20% higher.

Your help will be appreciated, I am eager to know the answers and it is a decision time now.

 

[ginnu]

Hi All,
I got a very attractive offer from some company so I am thinking about switch my job using the I-485 portablility. My current company is not so stable too because of a big merge.

I submitted my I-485 in January 2004, and my I-140 has been approved half year ago.
------ you are eligible to use AC21
Question 1: H1-B Transfer or EAD card?
The new employer can help me to file H1-B transfer. Should I do that or should I use my EAD card to work?
------- join with H1 transfer to be safe
I plan to use my Advanced Parole to go home this year, will that invalidate the H1-B?
----- you CAN use AP and can be on H1 if you work after the use of AP with the same employer who filed your latest H1
If so, is that still necessary to file H1-B transfer?
----- I prefer to file H1 transfer and will join when I get H1 transfer filing reciept from USCIS
Question 2: Should I send AC21 right after job switch?
If I do switch to the new company, should I file AC21 immediately in case the current employer revoke my I-140.
--YES
Question 3:Will salary matter?
--No problem, according to August 2003 MEMO, job duties have to be same/similar
If the new company pay me much more than what I earned when I filed labor, is that unsafe?
--that is not a problem
The problem, my salary was very low at that time and even in the same company my current salary is about 20% higher.

Your help will be appreciated, I am eager to know the answers and it is a decision time now.

 

[1victim]

ginnu, do I understand you right ?

I plan to use my Advanced Parole to go home this year, will that invalidate the H1-B?
----- you CAN use AP and can be on H1 if you work after the use of AP with the same employer who filed your latest H1

ginnu,

I have heard that once you use AP/EAD, either at port of entry or with a second job, H1B is automatically invalid.. both cannot be valid at the same time. now, after the poster comes back to from his trip abroad, he will automatically be invalidating his H1 and begin using his EAD, will he not ?

Or is this automatic invalidation is only for using EAD even if its a part-time second job ?

 

[ginnu]

ginnu,

I have heard that once you use AP/EAD, either at port of entry or with a second job, H1B is automatically invalid.. both cannot be valid at the same time. now, after the poster comes back to from his trip abroad, he will automatically be invalidating his H1 and begin using his EAD, will he not ?

Or is this automatic invalidation is only for using EAD even if its a part-time second job ?

---- with use of EAD you are not on H1
with use of AP you are on H1
Read below:
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.

 

[murthytvsn]

hi,
I have a question. My I140 is approved and my I485 is pending for more than 180 days. And my I485 is applied at NSC if I change job using AC21 to a company located in CSC how it effects my 485 application

 

[ginnu]

hi,
I have a question. My I140 is approved and my I485 is pending for more than 180 days. And my I485 is applied at NSC if I change job using AC21 to a company located in CSC how it effects my 485 application

---just send the new employer permanent job offer letter+i-485 filing reciept and cover letter that you want to use AC21, it should be sent to NSC with certified return reciept, it does not matter if your employer is in CSC
** you need to change the address on pending I-485 if you move by sending letter to NSC, becase if you just call up NCSC 1-800 and fileAR11 NSC may not change the address on pending I-485

 

[raaj97]

ginnu,
For address change to take effect, you mean to say apart from filing AR11 and calling service center 1-800, still we need to send a letter about address change? Am I correct..

 

[murthytvsn]

Ginnu,
Thanks for your advise. This helps me in using AC21. I am not moving from present address. My employer is NSC area. But I work in CSC area. I would like to use AC21 to move to other employer in CSC area

 

[ginnu]

ginnu,
For address change to take effect, you mean to say apart from filing AR11 and calling service center 1-800, still we need to send a letter about address change? Am I correct..

1 file form AR11 for address change
2 update NCSC on 18003755283, your new address, provide them your ,WAC,EAC

or LIN # of I-485 and reciept # of any pending petitions with service

center, provide the receipt#, your name, DOB, A#( A# is on I-485 filing

reciept)
3 write letter to service center for address change on your I-485( if you

have spouse I-485 pending He/she also need to change address on her/his

I-485) or any pending petition with them provide your past and NEW address,

attach I-485 receipt copy, write your name, DOB, A# on cover letter so that

you get fingerprinting notice at your new address. Send the letter to your

service center with certified return receipt and out side the envelope write

in big bold letters ATTENTION: ADDRESS CHANGE for Pending Form I-485 ( or

any other application)
4 if AC21 use: if the past company lawyer filed I-485 then better change your lawyer and

fill up new G28 with your new lawyer and he can update USCIS that he

represent you and can mail G28 to sevice center, he can also make a request

to chage your New address on Pending I-485 and he will get if any RFE, if

you dont change any RFE will go to past lawyer
*** do the all 1,2,3,4

 

[kingtut]

thanks ginnu

ginnu,
thanks for the clear & precise info! I was looking for answers to the very same questions...
this forum is awesome.

 

[1victim]

ginnu ... request your attention!

ginnu,
thanks for the clear & precise info! I was looking for answers to the very same questions...
this forum is awesome.

dude kingtut,

you are right, this forum is awesome but with people like ginnu, i might add..

anywho, ginnu, my friend, here is couple questions :

1. the new company I just joined wants to send the AC21 letter through their attorney, I am not sure if the attorney told them yet that she would need me sign a form G28 for that to happen... dont they ?

2. Do you think, it is wise to just use the attorney's expertise for corrections/suggestions only, and then take the responsibility of sending it myself ? does it matter in anyway?

thanks in advance!

 

[ginnu]

dude kingtut,

you are right, this forum is awesome but with people like ginnu, i might add..

anywho, ginnu, my friend, here is couple questions :

1. the new company I just joined wants to send the AC21 letter through their attorney, I am not sure if the attorney told them yet that she would need me sign a form G28 for that to happen... dont they ?
------ lawyer needs your sign on G28 if she is going to represent you, if lawyer is just writing the AC21 letter and then gives it to you and you are going to send it to USCIS then no need of G28. as you have changed the company better change your Lawyer becase if you dont change the lawyer and dont file new G28 through YOUR or Company lawyer then any RFE FP notice will go to the lawyer who filed I-485. if your company lawyer is ready to represent you for YOUR I-485 then you need to Sign form 28 and lawyer should mail G28 with AC21 letter. Dont depend on the lawyer, once lawyer prepares the letter, read it, keep the copy of that letter and send it to USCIS where your I-485 is pending(send with certified return reciept) if lawyer is going to mail then request that you need some evidence that letter has been sent to USCIS
2. Do you think, it is wise to just use the attorney's expertise for corrections/suggestions only, and then take the responsibility of sending it myself ?
------ I prefer to do that if the lawyer is not good or reliable
does it matter in anyway?
---- just make sure the lawyer sends letter or you can send it, it does not make any diffrence
thanks in advance!

 

[1victim]

new employer has trouble with Empl Verification Letter

ginnu, thanks for the answers..

my new employer is doesnt want to add the following line.

“We expect to continue to utilize his skills in this position after approval of his form I-485 and subsequently, his approval of Permanent Resident Card (Green Card).”


he just wants to say:

"He will continue to work with XYZ Inc."

any ideas ?? would that be sufficient ?
Thanks.