Change of Employer - URGENT

A

aph4

New Member
Hi,

My !-140 is approved and I-485 is pending for more than a year.

Can I change my job and goto new employer with H1 extension (7th year). Does this come under AC21 portability. I like to be with new employer after my GC approval.

Please suggest
 
My! -140 is approved and I-485 is pending for more than a year.
---- You are eligible for AC21
Can I change my job and go to new employer with H1 extension (7th year).
----- YES you can go to new employer and can also file 7th year H1 extension
Does this come under AC21 portability? I like to be with new employer after my GC approval.
----- Before joining new employer ask him if he is ready to give you letter for future permanent job offer in SAME/Similar Job, Skills
 
Hi Ginnu,

Thanks for the inputs.

do I need letter from employer now? Is it required to be given to INS during H1 extension.

Could you please elaborate on this - future permanent job offer in SAME/Similar Job, Skills. Is this H1 extension NOT considered as permanent job by INS.

thanks
 
Hi Ginnu,

Thanks for the inputs.

do I need letter from employer now? Is it required to be given to INS during H1 extension?
----- For H1 extension your new employer has to Get LCA from DOL it is fax back system and your employer or lawyer can get LCA in 1-2 days then employer has to sign Form I-129 and attach other company info and letter. That letter is ONLY for H1 extension and different than AC21 letter
Could you please elaborate on this - future permanent job offer in SAME/Similar Job, Skills. Is this H1 extension NOT considered as permanent job by INS.
----- H1 job is NOT considered as permanent.

The AC21 letter is different than the letter that is attached with H1 extension.
ON AC21 letter the employer has to state that they have future permanent job offer for XXXX and his job title will be XXXXx and his skills will be (that is on your approved LC from past employer) and they will employe XXXX on permanent basis after I-485 approval. AC21 letter AND your INTENT change letter is sent to USCIS with your pending I-485 filing reciept with a cover letter that you have changed the intent and would like to work with new employer after I-485 approval and you request USCIS to attach this letter with pending I-485 file so that USCIS knows that you have changed the employer. you should send this letter before I-485 gets approved or near to approval or when you get RFE. I hope your I-485 has been pending about 1 year and may take other 1 year for approval, you or your lawyer can decide if you want to send AC21 letter now or some time later

***You should remember GC is for FUTURE JOB after I-485 is approved. HI is temporary job
 
Hi Ginnu,

One again thanks for all the info and inputs. One last question.

Can I take up a job with employer B on H1 and say that I will be joining employer C upon I485 approval. The employer is willing to provide me with a letter as suggested by you in your earlier reply.

Is this a safe approach.

Thanks
 
what if he wants to bring his wife on H4? then he should be on H1 and file 7th year H1 extension

If he joines new employer with 7th year H1 then is is a good back up
 
Hey Jinnu,

Does he(aph4) has any constraints like H4 visa for his wife?

I don't see any comments on it (Are they ur assumptions?).

Sreek
 
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