Do I need to file AC21?

L

ludhianvi

Registered Users (C)
I have already filed for I-485/131/765 after I-140 approval under EB-1EA category. The RD for I-485/131/765 is May 23, 2007. Currently, I am working as a PDF for a university on H-1B (academia). I have a job offer from industry and they also filed H-1B for me this April which has been approved with effective date of October 1st. They want me to start earlier than that and are willing to file O-1 and have also asked me to look at the possibility of concurrent H-1B, that is I use my current academia H-1B till October and then use industry sponsored H-1B from October onwards. In this concurrent H-1B, I need to work for the academia for 5-10 hours a month and rest for this company.

My attorney says that I can join the company and there will be no effect on my pending AOS application, but I did not talk with him about concurrent working as I did not knew about it then. But, I wanted to get the feedback of experienced members here before going forward with the plans.

Do I need to file AC21 form or I can change employers without 485 approval? Just a reminder again that I got approved under self-petitioned EB-1EA category.

Looking forward to your responses.

Thanks in advance.
 
Thanks tuktukan. Yes, you are right that AC21 can only be filed after 6 months of I-485 filing date.

But do I even need to file it, considering that my EB-1 was self-petitioned and also my H-1B by the company is already approved.
 
ludhianvi said:
Thanks tuktukan. Yes, you are right that AC21 can only be filed after 6 months of I-485 filing date.

But do I even need to file it, considering that my EB-1 was self-petitioned and also my H-1B by the company is already approved.
Click to expand...

You can use EAD. That way you do not need a H1 for Con-current jobs. Also It is possible apply con-current H1s for the part time job.
 
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