Changing jobs with promotion using AC21

empee

Registered Users (C)
Dear Friends,
Like most of us in this forum, I have a H1B and EAD which is the reason for my confusion and stress. My PD is Nov 2006 (EB3) and have approved 140 with 485 filed a year back during the july rush. I am renewing my EAD and AP and still have 2 more years in my 6 years H1

I am getting a few offers that would take me to the next level in my career. For instance, my labor filing title is Engineer while the offers I get are for Engineering Manager with definitely more responsibilities and better pay

When I filed labor I was making around 70k, I presently make 90k (same job, same company but becos of negotiations). With a new job I am hoping to break the 6 figure barrier.

My questions are,

1. Can I use AC21 to move to the manager type job with roughly 50% more pay than my labor wage? The job is almost identical except for managerial role, title and pay

2. If the new employer is willing, can I apply for Perm, 140 in EB2 and recapture my EB3 date from previous employer?

Please share your thoughts
 
Dear Friends,
My questions are,

1. Can I use AC21 to move to the manager type job with roughly 50% more pay than my labor wage? The job is almost identical except for managerial role, title and pay

More pay is not a problem, Job description is problem for AC21.
 
That is my concern

Job description is really my concern. On one side, it is perfect to apply for EB2but on the other side it will be largely mangerial type description which is different from my current operational role. The tool is the same, technology is the same, industry is same but role is more in the lead category than just being a team member.

I am divided between taking the risk and doing a EB2 and porting my EB3 date (if at all its possible) . If it works I may get my GC in 2 years, if not my dates will get reset and the wait could be more
 
Also need advise on the following

I do not have my I-140 receipt notice or tracking number (company policy is not to release this since they pay for it). I have good relationship with my employer but at the same time want to cover myself in case I have to move and send docs proving AC21 eligibility. I do have my A# and heard people using FOIA to get the 140 approval notice. Is that the only option? Is there a way to get 140 LIN number using A#?
 
if I remember right (not been through this) as long as your new job description includes at 50% duties of your labor filed job description you should sail through just fine.
 
I do not have my I-140 receipt notice or tracking number (company policy is not to release this since they pay for it). I have good relationship with my employer but at the same time want to cover myself in case I have to move and send docs proving AC21 eligibility. I do have my A# and heard people using FOIA to get the 140 approval notice. Is that the only option? Is there a way to get 140 LIN number using A#?

for AC21 you dont need I-140 approval copy. you need I-485 reciept and new employer Permanent job offer letter with same/similar job duties. They care more about same/similar job duties.
 
Dear Friends,
Like most of us in this forum, I have a H1B and EAD which is the reason for my confusion and stress. My PD is Nov 2006 (EB3) and have approved 140 with 485 filed a year back during the july rush. I am renewing my EAD and AP and still have 2 more years in my 6 years H1

I am getting a few offers that would take me to the next level in my career. For instance, my labor filing title is Engineer while the offers I get are for Engineering Manager with definitely more responsibilities and better pay

When I filed labor I was making around 70k, I presently make 90k (same job, same company but becos of negotiations). With a new job I am hoping to break the 6 figure barrier.

My questions are,

1. Can I use AC21 to move to the manager type job with roughly 50% more pay than my labor wage? The job is almost identical except for managerial role, title and pay
--------------------get the letter with same/similar job duties. USCIS does not care much about Pay. FYI the wages written on LC are after I-485 approval, dont care what pay is on LC
2. If the new employer is willing, can I apply for Perm, 140 in EB2 and recapture my EB3 date from previous employer?
--------------------YES , when file second I-140 write your A# on I-140 form (inform the lawyer that you have A# so that he can write your A# on I-140 form) once second I-140 gets approved then post and we will guide you how to recapture early PD. FYI the lawyer who file the second I-140 inform him to recapture the early PD. if you dont have EB3 I-140 approval or filing reciept and you have only I-140 Reciept# then punch that # and take printout from online status and give it to lawyer.
Please share your thoughts
-------------------------
 
Second I-140 and its advantages

Since ginnu has brought it up and explained this real well of applying second I-140 I would like to seek more knowledge and experience in this regard.

I am in the same boat, I have a good offer from another company but little hesitant to leave this current employer. Not that I am in love with the company I am currently employed but I am hesitant to create confusion or jeopardize my case.
I am holding an approved I-140 in hand (obtained copy of approved I-140), approved in early part of 2007, applied for I-485 in july madness, obtained EAD and just applied for renewal. I am still on H1 with the sponsor. Here are my questions; please share your thoughts and experience.


1. Can I apply for second I-140 as it can be applied in EB2. I have gained 9 years of experience in the related field and hold a bachelors of engg degree. Does this qualify for EB2?
2. Can I ask this current employer to apply for second I-140? The cost to reapply will be on me.
3. Most importantly, is it worth doing the drill? I have my PD as June 2003 and by claiming my old PD on this second I-140, I can cut the chase. But do you think it will be current by the time I get my second I-140 approved??

I don't see my EB3 category with my PD will be ever be current in years to come. Please share your thoughts, opinions and experience.

Thanks and Regards,
 
Thanks Ginnu and all for your inputs. As for Is_GC_A_Mirage, I would hang in there, if I were you. I am thinking of moving and porting becos my PD is late 2006 and in EB3, but with mid 2003 and EB3 already in Nov 2001, you are looking at probably 1 or 1.5 years before your dates become current. It may take you the same time to move and get a new EB2 140 approved based on this PD, so my tip would be to stay put.

But in your post you brought up another point that I hear a lot these days. If I decide to stay with the same employer can I ask him to do an EB2 for me citing a promotion. If so then does he have to start from labor and then proceed to 140 or can he just "amend" to the 140. Can someone clarify?
 
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Since ginnu has brought it up and explained this real well of applying second I-140 I would like to seek more knowledge and experience in this regard.

I am in the same boat, I have a good offer from another company but little hesitant to leave this current employer. Not that I am in love with the company I am currently employed but I am hesitant to create confusion or jeopardize my case.
I am holding an approved I-140 in hand (obtained copy of approved I-140), approved in early part of 2007, applied for I-485 in july madness, obtained EAD and just applied for renewal. I am still on H1 with the sponsor. Here are my questions; please share your thoughts and experience.


1. Can I apply for second I-140 as it can be applied in EB2. I have gained 9 years of experience in the related field and hold a bachelors of engg degree. Does this qualify for EB2?
-------------------if the experience you have gained with same employer who filed earlier LC then you cant file EB2. new employer can file EB2 I-140
2. Can I ask this current employer to apply for second I-140? The cost to reapply will be on me.
------------------I dont think current employer can file as you gained exp with same employer
3. Most importantly, is it worth doing the drill? I have my PD as June 2003 and by claiming my old PD on this second I-140, I can cut the chase. But do you think it will be current by the time I get my second I-140 approved??
-----------------------I dont know what will be current at what time
I don't see my EB3 category with my PD will be ever be current in years to come. Please share your thoughts, opinions and experience.

Thanks and Regards,
------------------------
 
Thanks

Thanks ginnu for your response. I didn't know you cannot file second I-140 with the same employer. If I ask my new employer to file one for me, do I need AC21 with the 140?? I believe it will still take 3-6 months to join the line again. Wat a scenario!! you do one this you lose the other one!!!!:mad:
 
Thanks ginnu for your response. I didn't know you cannot file second I-140 with the same employer.
You can. But it is problematic if you are doing so to upgrade from EB3 to EB2 or EB1, because experience gained with the same employer is generally* counted as zero. So normally only your experience before joining the employer would count towards the EB2 requirements. And you cannot get approved in EB2 for the same job which was already approved as EB3; you would have to be getting promoted or otherwise changing to a different type or level of job within the company.

*There are exceptions, but it is an uphill battle with complexities.
 
Salary requirement for EB2

This is kinda old question too but I never got a clear answer hence asking again. Does a person's salary have to be in the Level III or Level IV range to be eligible for an EB2? This was one of the reasons given to me when I was defaulted to EB3. I was in the Level II range and also my client gave my employer a job description that only said Bachelors degree (though my predecessors in the job have always had Masters degree with atleast 10 years experience).
 
How about using EAD to make a change

hi Jackolantern and ginnu,

Its been a while to see your response, just so you know, I respect your opinion a lot. This question was raised to join a new employer or get the pay one deserves. On the same effect,

Is it possible to pull my EAD out and work as an independent contractor?
I have a good contract coming up and I need to decided ASAP if I can go 1099 with this contracting company as independent. I am unsure if you can have them cut a check on ur name while on AOS status. I understand I lose my H1 status the moment I start using EAD. At this stage, the H1 is not fetching me anything as its not stamped on my Passport.

If I use my EAD, do I need to file AC21 and how?, as I plan to be independent?

Please educate me to the pros and cons of it. I really appreciate a timely response. I am setup to meet the client tomorrow AM.

I did a search on this forum and couldn't get convincing answers.

Thanks & Regards,



You can. But it is problematic if you are doing so to upgrade from EB3 to EB2 or EB1, because experience gained with the same employer is generally* counted as zero. So normally only your experience before joining the employer would count towards the EB2 requirements. And you cannot get approved in EB2 for the same job which was already approved as EB3; you would have to be getting promoted or otherwise changing to a different type or level of job within the company.

*There are exceptions, but it is an uphill battle with complexities.
 
Is it possible to pull my EAD out and work as an independent contractor?
You can work as an independent contractor with an EAD, but that type of work generally* won't satisfy AC21 which requires a permanent position. So you would still have to maintain another job or job offer which is permanent.

*It is possible to qualify with self-employment, but again it is another uphill battle with complexities and raises lots of red flags ... you would have to show that your self-owned company has the revenue and/or assets to pay you, that what you're doing is "same or similar", you have a genuine company with a business plan, etc.
 
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