I485 AC21 Issue

R

Raja143

New Member
Hi,
I filed my GC(EB2) with company A and got I140 approved.Before Filling I485 moved to company B,took EB3 pre-approved labor and I140 got approved ( working for company B on H1, waiting for priority date to file I485).Its been more than 180days that I applied I485 with company A. I am thinking for applying AC21 and transfer my EB2 from company A to company B.Is this possible or I would end up in any problem by doing so?
Can I have 2 labors EB2 and EB3 for the same employer?
Can I work on H1 with company B and EAD on company A?

Could someone help me on these questions?

Thanks
Raja
 
If you use AC21 to work with employer B then your GC process remains unchanged (EB2, PD of employer A).

You can have two Labor Certifications from the same employer provided the required job descriptions are more than 50% different.

No, once you invoke EAD your H-1B become invalid.
 
Hi,

I have a question. Till now I have completed 3 years on H1 visa. Now I am witing for my I 140 from TSC to be cleared. I am planning to join a different company once I get my I 140 approved [God only knows when that will be], assuming very shortly. The when I transfer and work on H1 visa with new company, does this AC 21 apply to me. Then what I have to do use that AC 21?

Thank you in advance.
 
You can certainly do that - but if you wait till the I-140 approval then you can port the Priority Date to the new employer (with some co-operation from the current employer).

No, AC21 is not applicable to you as it seems to me that you have not filed I-485.
 
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Thank you

Thank You manwithnoname.

Till now 3 years completed on H1. Yet I filed my I 485 for me and my family, but still working on H1. I have got EAD and APs but I did not use them.
The question that worries me is that if I join the new company by transferring H1B, then hwo is this AC 21 effects me? If I have to invoke AC21 then how to do that? I am not using EAD to join new company. New company already filed H1 and H4 for me and family.

Thank you very much for the help you are doing.
 
Okay - as long as your I-485 is pending for more than 180 days and you move to a job (even on H-1) in a similar category you are covered under AC21. Also, it is preferable to have the I-140 approved. Please read this memo for details. It is not mandatory for you to inform USCIS that you changed job but should be able to respond to any query / RFE.
 
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