H1-B transfering, AOS and AC-21 questions

M

mjakub76

Registered Users (C)
Hi All,
Currently I’m working for a company A, I have H1-B from them, and my I-140 and I-485 was filed with them. My wife will try to get H-4 in 2 months, and she will join me in USA in 4 months. I’m planning to add her to my I-485 when the PD becomes current.
Business is slowing down, and I’m afraid of being laid off, so I came up with the idea of changing a job. I have two options:
a) Company B – identical position, maybe slightly better salary.
b) Company C – similar position, the same education is required, different sector of mechanical engineering than the one specified in my AOS case.

My questions:
1. How to approach this situation? I think I should maintain H1-B, since my wife will apply for H-4. I have EAD, but using it will scarify my wife’s visa.
2. Should I use AC-21? What exactly is it; does it apply to my case? Company A is friendly, but I want to protect myself as much as possible.
3. Is transferring H1-B “dangerous”? May something unexpected happen, and I will be forced to start using EAD?
4. What is a timeframe for this type of cases, can I continue working while doing the H1-B transfer? Should I stay in company A as long as possible, and switch to company B or C when the transfer is approved?

Any other input will be appreciated. I read the forum for months, but still have some basic questions.
Thank you
:)
 
Answers below:
1. In order to bring your wife in the U.S. you are required to maintain H-1B status.
2. Please read this link for AC21. Your I-485 should be pending for 6 months before you can invoke AC21 clause.
3. GC and H-1B are independent ... as long as you are able to find an H-1B sponsorer you should be okay.
4. You can start working with the new employer as soon as you receive the receipt notice. Please make sure you satisfy all the AC21 requirements before making a move.
 
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