doing H1B transfer and AC21 now, really need clarification, help please!!

M

MagicWord

Registered Users (C)
Hello All, sorry this is a bit long.

My I140 was approved and I485 has been pending for more than a year. After talking to my new employer, they decided to do a H1B transfer for me. Here I have two questions. First, as far as I know, H1B transfer doesn't conflict with AC21, the H1B transfer I am doing won't have any negative effect on my GC, right? It is safer than EAD cuz I can continue working even if my I485 got denied for some reason? and in my case, how many more years of H1B can I get for this transfer? I am on my 6th year already...

second question, I don't think my old employer wants to revoke my I140, but is it against the law that they don't do it after I leave? meaning the revoke of my I140 is something the old employer HAS to do, or just totally optional to them? if they decided not to, do you still suggest me to proactively send AC21 docs to USCIS? what other stuff might come up if I decided not to? I was hoping I could just "sliently" get my GC while working for my new employer.

Any of your input is really greatly apprecated!!! I do need some help here, thanks!
 
MagicWord said:
First, as far as I know, H1B transfer doesn't conflict with AC21, the H1B transfer I am doing won't have any negative effect on my GC, right? It is safer than EAD cuz I can continue working even if my I485 got denied for some reason?
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Wether you can continue working beyond an I-485 denial depends on the reasoning behind the denial. If the I-485 and I-140 are straightforward I would not be worrying about denial too much.

I don't think my old employer wants to revoke my I140, but is it against the law that they don't do it after I leave? meaning the revoke of my I140 is something the old employer HAS to do, or just totally optional to them?
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There is no obligation for an employer to revoke an I-140.
 
Hoping for the best

You should be good! Well at least I hope so :p coz I just did the transfer last week!

Also my lawyer suggested to take the "silent" path. (Don't give them any info which they don't ask for)

And we applied for a 3 year extension - my 6th year ends soon. Guess its taking 2-3 months for them get back with a decision - Will update here.

MagicWord said:
Hello All, sorry this is a bit long.

My I140 was approved and I485 has been pending for more than a year. After talking to my new employer, they decided to do a H1B transfer for me. Here I have two questions. First, as far as I know, H1B transfer doesn't conflict with AC21, the H1B transfer I am doing won't have any negative effect on my GC, right? It is safer than EAD cuz I can continue working even if my I485 got denied for some reason? and in my case, how many more years of H1B can I get for this transfer? I am on my 6th year already...

second question, I don't think my old employer wants to revoke my I140, but is it against the law that they don't do it after I leave? meaning the revoke of my I140 is something the old employer HAS to do, or just totally optional to them? if they decided not to, do you still suggest me to proactively send AC21 docs to USCIS? what other stuff might come up if I decided not to? I was hoping I could just "sliently" get my GC while working for my new employer.

Any of your input is really greatly apprecated!!! I do need some help here, thanks!
Click to expand...
 
thanks RealCanadian and Sanan! Sanan, if possible, please update your h1b transfer here, also, did your lawyer tell me nowdays how long it takes to get the receipt? (I think I can only start working after the new employer gets the transfer receipt, right?),

thanks!!!
 
Sure thing!
I got the notice 1 and half weeks.
You can start working soon as the Fedex package reaches them - use the fedex receipt.


MagicWord said:
thanks RealCanadian and Sanan! Sanan, if possible, please update your h1b transfer here, also, did your lawyer tell me nowdays how long it takes to get the receipt? (I think I can only start working after the new employer gets the transfer receipt, right?),

thanks!!!
Click to expand...
 
One urgent question

I have already started working on EAD using AC21 and H-1 thru my previous employer is till June-2006 (also completing 6 year) (Also not sure if my previous employer cancels H-1). Can I now apply for 3 year extension thru my current employer as people say EAD is somewhat risky?
 
I think you can give it a try, probably it depends on how long you have been working for the new employer. The possible issue might be it requires you to submit some pay stubs from the old employer... but I don't see how that's gonna affect your GC even if your transfer didn't go through....
 
Ranvir_Usa info about your case

hi Ranvir,
did you get any additional info about your case later. i mean after the LUD changed on all of your applications.

thank you
 
info

Hi ucissucks (you chose correct name because thats what they do)

I did not received any info after I filed AC-21 and lud changed on all cases (140, 485). All messages on cases remain unchanged. I guess till now my old employer retain my 140, may be because I left on good terms with them. I hope I answered yr question.

Thanks
 
MagicWord said:
thanks RealCanadian and Sanan! Sanan, if possible, please update your h1b transfer here, also, did your lawyer tell me nowdays how long it takes to get the receipt? (I think I can only start working after the new employer gets the transfer receipt, right?),

thanks!!!
Click to expand...


I got my H1 case approved on Friday. Just got the email. Waiting for the actual notification.

Good luck
 
Sanan said:
I got my H1 case approved on Friday. Just got the email. Waiting for the actual notification.

Good luck
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Congratulations !!!
Did you file a premium H1b transfer or a normal. Looks like you got your approval pretty fast. Can you provide details like what service center you applied and when etc.

Thanks
 
It was a normal process! Took 2 months. Applied at VSC on Dec 9th
GC_Ranger said:
Congratulations !!!
Did you file a premium H1b transfer or a normal. Looks like you got your approval pretty fast. Can you provide details like what service center you applied and when etc.

Thanks
Click to expand...
 
Cool, congrats and thanks Sanan! Mine was filed in mid Jan via the normal processing and i am sticking my head out here.
 
Got it!

Received the notification today - Got it for 3 years! :)

MagicWord said:
Cool, congrats and thanks Sanan! Mine was filed in mid Jan via the normal processing and i am sticking my head out here.
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I used ac21 and got H1 transfer just because everybady does and new employer will do everything for free. :p even EAD and AP extentions also.

Quesion is why do you need H1b in case you are on EAD? Because in case your 485 is denied (I hope nobady's 485 should be denied), doesnt it invalidates your H1B beyond 6 years. ISnt H1B supposed to be for 3 + # years only.
 
Well unfortunately I am affected with Retrogression! And my wife can't file the 485 so she needs to be on H4 which in turn means.....i know you got it now :p

There are some cases where you can get H1 in increments of 1 yr only - waiting for labor beyond 1 yr? -


mydearcard said:
I used ac21 and got H1 transfer just because everybady does and new employer will do everything for free. :p even EAD and AP extentions also.

Quesion is why do you need H1b in case you are on EAD? Because in case your 485 is denied (I hope nobady's 485 should be denied), doesnt it invalidates your H1B beyond 6 years. ISnt H1B supposed to be for 3 + # years only.
Click to expand...
 
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