H1 Transfer and AC21 + EAD Validity

[neocor]

I have a couple of question regarding invoking AC21 after 485 is pending for more than 180 days and 140 is also cleared. Someone please give me specific and correct answeres for the following points.

1. Can you also do an H1 Transfer to the new company along with the invoking the AC21?

2. Do the same as above and get a three year extension beyond the 6 years with the new company?

3. How soon the EAD should be renewed before the first expires when you invoke the AC21? Please respond in context with renewing the EAD after changing the company (invoking AC21).

4. Can you apply the EAD yourself. I mean does the company or the current lawyer needs to be involved in renewing the EAD?

neocor

 

[Jaggy]

1. Can you also do an H1 Transfer to the new company along with the invoking the AC21?
YES
2. Do the same as above and get a three year extension beyond the 6 years with the new company?
I BELIEVE THAT YOU CAN DO THAT BUT I THINK THAT YOUR CATEGORY IE EB2/EB3 NEEDS TO BE UNAVAILABLE OR RETROGRESSED
3. How soon the EAD should be renewed before the first expires when you invoke the AC21? Please respond in context with renewing the EAD after changing the company (invoking AC21).
90 DAYS
4. Can you apply the EAD yourself. I mean does the company or the current lawyer needs to be involved in renewing the EAD?
YOU CAN DO THE WHOLE GREEN CARD PROCESS YOURSELF INCLUDING THE EAD
neocor

 

[neocor]

Thanks for the answers jaggy.

Now going a bit into the second point.
What I understand is that you can invoke AC21 and then have the new company also transfer the H1. And if the 6 years is expiring and your EB category is retrogressed or unavailable then your new company can get you a 7th year extension of 3 more years on H1.
I thought this was not possible as the 485 was applied with your previous company and later you can only go on EAD to any new company.

So what happens if you dint transfer the H1 at the time of invoking the AC21 , but later decide to file for H1. Is that possible? I mean can you go from H1 - (AC21-EAD) - H1?

neocor

 

[pralay]

What I understand is that you can invoke AC21 and then have the new company also transfer the H1. And if the 6 years is expiring and your EB category is retrogressed or unavailable then your new company can get you a 7th year extension of 3 more years on H1.
I thought this was not possible as the 485 was applied with your previous company and later you can only go on EAD to any new company.

6 year limit is beneficiary-specific (i.e. you). It's not employer specific. You can apply for H1 extension and removing the condition of 6 years limit with your new employer.

So what happens if you dint transfer the H1 at the time of invoking the AC21 , but later decide to file for H1. Is that possible? I mean can you go from H1 - (AC21-EAD) - H1?

It's better to transfer H1 now. You can get new H1 later, but it won't be H1 transfer in that case (but a new H1) and it will fall into yearly h1 cap, if applicable.

 

[neocor]

Good point pralay about the new H1 falling into the yearly H1 cap.
So if possible its better to have the H1 Transferred as well as invoke the AC21.

How about the H4 scenario then.

Is this a working scenario.

H4 -> EAD with H4 expiring -> H4 when spouse renews H1.

I guess this is also possible.

 

[pralay]

Is this a working scenario.

H4 -> EAD with H4 expiring -> H4 when spouse renews H1.

Yes. There is no quota limit for H4. If primary has valid H1 visa, then dependent can move back to H4 anytime by filing I-539. But considering the fact that EAD, AP becomes invalid upon I-485 denial, it's better to retain H1 and H4 always.
I saw a case where the dependent was in India with AP and meanwhile her I-485 was denied as she did not appear for FP (FP rescheduling request was lost in mail). Now she is waiting for MTR (don't what happened later).

 

[neocor]

Does anyone know if the 3 year renewal beyond the 6th year is already in effect?

If so then can someone provide a link to the ruling and any documentation.

neocor

 

[kansar]

Hi Neocor,

My husband got an h1b approval for a period of 3 years(2005-2008) after 7 th year as we are under Eb3 retrogessed category..
But i don't have any idea if there is any link about this..
I hope the above helps you and someone will get the link for you too..

Thanks,

Does anyone know if the 3 year renewal beyond the 6th year is already in effect?

If so then can someone provide a link to the ruling and any documentation.

neocor

 

[tammy2]

Hi Neocor,

My husband got an h1b approval for a period of 3 years(2005-2008) after 7 th year as we are under Eb3 retrogessed category..
But i don't have any idea if there is any link about this..
I hope the above helps you and someone will get the link for you too..

Thanks,

It is part of AC-21 Look into Procedure for processing "one -time protection" benefits.
http://uscis.gov/graphics/lawsregs/handbook/ac21guide.pdf

 

[kp14]

Has anyone got their 7th year H1B stamped in India with a retrogression issue

I opted for CP and my case is sitting in Mumbai COnsulate.Unfortunately I have to be in India and took an appointment for a visa stamping in Sept last week. Will there be any issues on my stamping as I have already finished my 6 yrs and H1 is a temporary visa so will they create issues saying there is a chance of staying permanently.

 

[neocor]

Hi Neocor,

My husband got an h1b approval for a period of 3 years(2005-2008) after 7 th year as we are under Eb3 retrogessed category..
But i don't have any idea if there is any link about this..
I hope the above helps you and someone will get the link for you too..

Thanks,

Kansar,
Thanks for the info. Is your husbands I-140 cleared? I understand that the I-140 needs to be approved for the 3 year extension.

And is the 485 already filed?

Neocor

 

[kansar]

Yeah, His I140 got cleared and I485 is pending...

Kansar,
Thanks for the info. Is your husbands I-140 cleared? I understand that the I-140 needs to be approved for the 3 year extension.

And is the 485 already filed?

Neocor

 

[star12]

Hello Gurus, I have some questions here, Please answer..

Hello Gurus, I have some questions here, Please answer..

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Here is My Information:

I am on H1 and I will complete my 6 years by OCT 2006. I am using PREAPPROVED labor from my current employer who hold's my H1. I got EAD and my 140 was cleared. My employer may or may not applied another labor on my name .. If applied he might already used for some one else..

I have some questions here... Any feed back will be greatly appreciated !!

Q1) If I join to some new company , Can they file 7th year H1 ??? based on my current 140/485 ?? Otherwise do I need to file labor compulsory on my name before one year of completing of my total H1? Please advice..

Q2) IS there any law that says "employer can't substitute employee's labor" ?? Means X labor is given to Y and Y labor is given to Z .., and so on ...

Q3) If employer files 2 labors from 2 different states , can they substitute these 2 labors to new members who join their company?? Is it legal?? If not where we can find these clauses??

Q4) If I 140 is cleared and while proccessing 485 , how USCIS will find that what type of labor we used ?? Preapproved or OWN?? means OWN labor is given to some one else or we are using some one's labor?? like that.., Please advice.. Advance Thanks .forany feed back..