Invoking AC21 - URGENT!!!

V

vik3001

Banned
hi all,

i have an approved 140, 485 pending over 180 days. I also have an h1b with company A. Now i want to switch to company B by invoking AC21 and then have company B sponsor me an h1b. Can I do tht? The reason for maintaining the h1b is because I want to bring in my spouse once I get married.

gurus please help,

vik
 
Invoking Ac21 _urgent

As far as I know you can change employer on H1 transfer or on EAD if you have one.
Since you want to be on H1 talk to your new employer and see that you join them on H1 transfer and not on EAD.
If you join them on EAD then you cannot switch to H1.
In either case, you need to use AC21 portability
 
If you are within 6 year period you can extend you H1B with company B and invoke AC21(Submit future offer letter from company B). while invoking AC21 you no more eligible for H1B extension beyond 6 years, if company A file another I-140 by revoking your I-140..(Company A can substitute your LC) read Ac21 yates memo....

Question 4. In a labor substitution context, can both the original alien and the substituted alien apply for an H-1B extension beyond the 6-year limit based on § 106(a) of AC21? Answer: No. Only the “current” beneficiary (meaning the alien that was most recently substituted into the labor certification) is eligible to get an H-1B extension beyond the 6-year limit.
 
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