Changing Job H1 Transfer And Ac21

[willgetgc2005]

Hi all,


I have a H1 valid for the next 3 years and am working on H1 now with my current employer. I have an EAD as well. If I switch employers on H1 transfer, will I be able to maintain my EAD and priority dates? I mean, I can switch using AC21, but to be safe can I switch employers using H1 and still maintain my GC process.

I have I-450 approved and 485 pending for a year.


Gurus, please share your thoughts.

 

[ginnu]

Hi all,


I have a H1 valid for the next 3 years and am working on H1 now with my current employer.
I have an EAD as well.
If I switch employers on H1 transfer, will I be able to maintain my EAD and priority dates?
----YES. H1 has nothing to do with PD or EAD. your EAD AP are based on pending I-485 and your PD is based on your LC filing date
I mean, I can switch using AC21, but to be safe can I switch employers using H1 and still maintain my GC process.
----------------- YES
I have I-450 approved and 485 pending for a year.
---------- what is I-450??? I think you have I-140 approved and I-485 pending for a year and you are eligible to invoke AC21 with pending I-485. once join new employer with H1 transfer ask for permanent job offer letter with same/similar job duties from new employer and rquest USCIS to invoke AC21 with your pending I-485. you can take the services of your new company lawyer or can hire YOUR lawyer.If you dont hire your lawyer then any RFE or FP notice will go to Past Lawyer who files I-485

Gurus, please share your thoughts.

 

[willgetgc2005]

Ginnu,

Thank You.


1) So, even If I do an H1 Transfer to the new employer,I will have to Invoke AC21 ?

2) To Invoke AC21, I will like to do it myself rather than using the new company attorney. I will also like to avoid my current attorney as If I tell him, he will inform my current employer.But once I Invoke the AC21 myself, I plan to continue using my current attorney. So seems like If i Invoke AC21 myself, then i can continue using my current attorney ?
IS that right ?

 

[ginnu]

Ginnu,

Thank You.


1) So, even If I do an H1 Transfer to the new employer,I will have to Invoke AC21 ?
-------------YES, you need to invoke AC21 so that your I-485 gets approved on the base of new job offer
2) To Invoke AC21, I will like to do it myself rather than using the new company attorney.
-that is upto you
I will also like to avoid my current attorney as If I tell him, he will inform my current employer.
-correct
But once I Invoke the AC21 myself, I plan to continue using my current attorney.
------------Any RFE or communication will go to him if I am in your situation I will send the letter to USCIS to revoke the G28 filed by past lawyer XYZ and will request USCIS to send future communication to me directly to me on my address
So seems like If i Invoke AC21 myself, then i can continue using my current attorney ?
-----------Not in your best interest as that lawyer represent also the past employer who filed I-140 and company gives him more work than you.
IS that right ?
---read above