I-485 portability and H1B

[xudongf]

This is my situation I posted before.
I am working in an industry company and now will switch to assistant professor at a university (jurisdicion will change from Texas to Nebraska). I am working under EAD (I485 notification date July 2002). I have three questions:

1 When I switch the job, do I have to notify INS. Or simply update my address without using AC21 and wait till they ask for.

2. The title of job is of course different from researcher to professor and duty being research and teaching (salary remains similar). Does it matter when I use AC21?

3. Can I go back to H1B (I used H1B from 01/01/2001 - 01/01/2004)?

Many thanks.

 

[ginnu]

This is my situation I posted before.
I am working in an industry company and now will switch to assistant professor at a university (jurisdicion will change from Texas to Nebraska). I am working under EAD (I485 notification date July 2002). I have three questions:

1 When I switch the job, do I have to notify INS. Or simply update my address without using AC21 and wait till they ask for.
----- when you change your residence then you need to file AR11 for each family member, AC21 can only be filed or updated if I-140 is approved and I-485 is pending more than 180 days and you change employer and find SAME/ Similar job
2. The title of job is of course different from researcher to professor and duty being research and teaching (salary remains similar). Does it matter when I use AC21?
------ I am not expert, I think if job duty changes you are not qualified for AC21, they ask the SAME/ Similar job and what is similar is not defined, better you should ask a good lawyer. it would have been better if Job duties remain the SAME
3. Can I go back to H1B (I used H1B from 01/01/2001 - 01/01/2004)?
----- I think your H1 is expired so you cant file H1 extension and I dont know how many years you spent on H1. If 6 years not consumed on H1 then you may be able to request new employer to file NEW FRESH H1, once you get H1 approval notice go out get H1b visa stamp and enter on H1 status, one can have H1 status and AOS pending at the same time. Better keep valid AP with you wen you go out
Many thanks.

 

[xudongf]

Thank you, ginnu. You've been so helpful.
I got I-140 based on EB-1(b) outstanding researcher/professor. Can I use this to argue that the field I am going to work is still similar? By the way, I used only 3 years H1B.
My best regards,
Xudong

 

[ginnu]

Thank you, ginnu. You've been so helpful.
I got I-140 based on EB-1(b) outstanding researcher/professor. Can I use this to argue that the field I am going to work is still similar?
---- If your case was self sponsored (no LC) and you filed under EB1 (extraordinary ability) then you don’t need any employer letter to use AC21 because only your statements that still you will be working in EB1, extraordinary filed is enough (only if any RFE then you have to reply the RFE) you don’t need to use AC21 if the I-140 was filed by YOU

By the way, I used only 3 years H1B.
---- your new employer can file FRESH NEW H1 for you after approval do the above in my earlier post if you want to be on H1 status again
My best regards,
Xudong

 

[xudongf]

Thank you, ginnu.
One thing I need to clarify: My I-140 is based on EB-1(b), outstanding researcher/professor, which is still company-sponsored, not EB-1(a) (extraordinary ability). So you previous statement still applies?

I would say I am really troubled by this transition. I hope you can offer me some better ideas. Also I hope my case can help others with EB-1(b) based I-140.

Many thanks.

Xudong

 

[ginnu]

Thank you, ginnu.
One thing I need to clarify: My I-140 is based on EB-1(b), outstanding researcher/professor, which is still company-sponsored, not EB-1(a) (extraordinary ability). So you previous statement still applies?
------ if it company-sponsored then you need the SAME/similar job to use AC21
I would say I am really troubled by this transition. I hope you can offer me some better ideas. Also I hope my case can help others with EB-1(b) based I-140.
----- better go to EB1 thread or contact a good lawyer who is expert in EB1
Many thanks.

Xudong