ginnu,Realcanadian and gurus help

tuxedo

Registered Users (C)
Hi Gurus,
I have applied my 140 and 485(April 2004) by using a labor substitition and 140 has been approved in august 2004.FP done in Nov 2004.
Just applied for my 7 th yr H1B extension as my 6 years on H1B is going to end next month.

Now the end client is giving me an offer to join them.
I am in a dilemma as this is my 3rd time that i am going through the GC process since 1999(laid off Twice before and GC process abondoned).

1: Am i eligible for AC 21 job change now as mine is substitute labor.

2: If i can change job now safely what should be my status H1B or EAD as i have been working on H1B(got EAD but never used it) and just applied for 7 th yr extension.

3: If i want to continue on my H1B , how to transfer my H1B to the new company as my 7th yr is already pending with my current company.

Appreciate your help.
 
tuxedo said:
Hi Gurus,
I have applied my 140 and 485(April 2004) by using a labor substitition and 140 has been approved in august 2004.FP done in Nov 2004.

Just applied for my 7 th yr H1B extension as my 6 years on H1B is going to end next month.
--that is good back up
Now the end client is giving me an offer to join them.
I am in a dilemma as this is my 3rd time that i am going through the GC process since 1999(laid off Twice before and GC process abondoned).

1: Am i eligible for AC 21 job change now as mine is substitute labor.
----yes
2: If i can change job now safely what should be my status H1B or EAD as i have been working on H1B(got EAD but never used it)
--H1B, one can have EAD and be on H1 status
and just applied for 7 th yr extension.
------ I will try to change employer AFTER I get the 7th year H1 approval,or pay the premium processing fee so that I get the approval in 15-20 days, then I will file H1 transfer through new employer and will join once I get H1 transfer filing reciept from USCIS, i want back up of H1 status and will maintain H1 status with new employer
3: If i want to continue on my H1B , how to transfer my H1B to the new company as my 7th yr is already pending with my current company.
-read above
Appreciate your help.
 
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