Can I eligible to use AC21. Dependent AOS is not applied.

[sksaGC]

Hello All,

Here is my case details, PD is Jan2004, Filed I140 and 485 concurrently in Dec 2004. That time my son is in India (who is 10 years old). I could not apply AOS to him now due to retrogression. Currently he is in US on H4. Both we got three years extensions for H1 an H4 (after six years) based on I140 approval. Now I want to transfer my H1 to another employer using AC21.
I have EAD, but have to work only on H1 to maintian H4 of dependent.

Question is am i eligible to use AC21 under H1 transfer? (Dependent's AOS is not applied)

If i transfer my H1 then can I apply AOS to my son, when USCIS announced my PD as current with out any issues ?

OR I have to work only to GC Sposor employer to file AOS to dependent?Please advise.

And also if I transfer H1 to new employer can i get another extensin with new employer or we can get H1 extensions based on I140 approval with only GC sposor employer?


regrds
sksa

 

[TheRealCanadian]

Question is am i eligible to use AC21 under H1 transfer? (Dependent's AOS is not applied)

Not only are you eligible to do so, in order to preserve your son's valid non-immigrant status you MUST do so.

If i transfer my H1 then can I apply AOS to my son, when USCIS announced my PD as current with out any issues ?

Yes, once the PD is current you can file.

I have to work only to GC Sposor employer to file AOS to dependent?Please advise.

The dependent I-485 is only tied to you, not to your sponsor.

 

[sksaGC]

Helo TheRealCanadian,Thanks for your reply.

I am glad to know that I can transfer my H1 using AC21 to new employer and I can apply AOS to my son when my PD announced. Great new.

with new job at new employer I need to get same salary and work with same job title right? but i do not know my job title and salary that how much they mentioned in my labor? How can I know those?
But please advise how can I find the details?
Please advise.

regards
sksa