Changing employer on EAD (does AC21 makes sense for my situation?)


New Member
My current company has filed my Green card with “Manager” job title and salary for example base salary 100K/year to build hypothesis. My EAD got approved back in Feb-2012 and 180 days got completed in Aug-2012 since filing of I-485 application. Also recently I received 3 years H1b extension (July 2013 to July 2016) through my current company.

If my next employer can offer a Director job title (which is 2 level up than manager > Senior Manager > Director) with base salary for example 170K. If we assume; my current employer not going to cancle/withdraw I-140 application; what can be the next steps for my situation?

1. Can I file AC21 portability with USCIS? Given there is a huge difference (for example 70%) in a base salary, two level increase in job title (Manager to Director) and additional responsibilities as a Director in new company; is it good idea to file AC21 with USCIS or not to inform USCIS by just doing wait and watch?
2. If I don’t file AC21; what my next employer need to do as a backup option (transfer H1b visa from current employer to a new employer)?
3. What if we choose not to inform USCIS by filing AC21 portability in step #1 but doing H1b transfer in step #2 is nothing but informing USCIS about changing employer. Please advice the best practice in this scenario.

Please advice. Thanks in advance,

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