job change at 8th yr H1B on AOS - to ginnu and others

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_cheetah_

Registered Users (C)
Im now on my 8th year H1B. ( recently got 3 years extn via approved I-140 )
Im on AOS pending, filed I-485 on dec-04. Have EAD but not using it.

married after all these, so spouse on H4, so I have to be on H1B. what happens now if i want to change employer ( with or without using AC21 )

questions:

I have copies of I-140 approval notice and I-485 receipt notice

Is just H1B transfer and receipt notice enough to start working with new employer

Does the new employer need to do any immigration process to me? LC / I-140

Can I keep extending H1B based on the I-140 approval / I-485 receipt notice that I obtained from the previous employer ?

Any AC21 process to be followed

Any other issues /concerns that i need to be aware of now / future
 
_cheetah_ said:
Im now on my 8th year H1B. ( recently got 3 years extn via approved I-140 )
Im on AOS pending, filed I-485 on dec-04. Have EAD but not using it.

married after all these, so spouse on H4, so I have to be on H1B. what happens now if i want to change employer ( with or without using AC21 )
------------ when you change employer that is under AC21, better join new employer with H1 transfer
questions:

I have copies of I-140 approval notice and I-485 receipt notice

Is just H1B transfer and receipt notice enough to start working with new employer
--------------------yes
Does the new employer need to do any immigration process to me? LC / I-140
-------------no, he needs to give you permanent job offer with same/similar job duties so that you can request for AC21 and request the USCIS to approve the pending I-485 based on new employer job offer letter

Can I keep extending H1B based on the I-140 approval / I-485 receipt notice that I obtained from the previous employer ?
--------------------yes
Any AC21 process to be followed
----------------read above
Any other issues /concerns that i need to be aware of now / future
Click to expand...
 
More information on AC21

I had a brief conversation with my attorney yesterday, he told me if I decide to change jobs under AC21, as long as the position and duties are same/similar, and my I-140 has been approved for at least 6 months I don't need to send anything to USCIS, he mentioned if I ever get an RFE for current EVL, that's when I send the letter from the new company stating date I joined, description of position and duties and compensation. I need to mention he is a top-notch, tough as nails immigration attorney who is a part of the best lawyer's in America publication and serves on the board of AILA.

------------------------------------
Remember, this is just my opinion, consult a qualified attorney to get precise answers to your questions.
 
thank you very much

ginnu & bubble23, thanks a bunch for taking time and answering my questions. just seem like i might have couple more questions to add. pl answer when you find time.

is there a limit - how many employer's i can change with AC21

when-ever uscis asks, is it ok if i have a permanent offer via some employer or via some consulting company ? ( just want to see if it should be a direct employer it can also be a consultancy coy )

- is this a straight forward change ( with very minimal possibiility of issues ) of do i need a well-versed lawer to handle this kind of situation.

just want to make sure i dont jeprodize my spouse's H4 situation at any cost

thanks again
 
_cheetah_ said:
ginnu & bubble23, thanks a bunch for taking time and answering my questions. just seem like i might have couple more questions to add. pl answer when you find time.

is there a limit - how many employer's i can change with AC21
-------------No limit, but I-485 will be approved on the latest job offer letter of employer
when-ever uscis asks, is it ok if i have a permanent offer via some employer or via some consulting company ? ( just want to see if it should be a direct employer it can also be a consultancy coy )
-----------------------they need Permanent job offer with same/similar job duties it can be any company
- is this a straight forward change ( with very minimal possibiility of issues ) of do i need a well-versed lawer to handle this kind of situation.
------------------ it is simple to file AC21 or you can take the help of new company lawyer OR your lawyer(dont use past company lawyer )

just want to make sure i dont jeprodize my spouse's H4 situation at any cost
------------ if you remain on H1 then keep extending her H4 before her I-94 expires
thanks again
Click to expand...
----------------
 
one more question

jinnu / friends - sorry to come back late on this. cld you pl answer when you get a chance. thanks in advance.

just want to understand list of documents / information that one might need to get from current employer / lawyer before thinking of making this switch. all i have is photo copies I-140 approval notice and I-485 receipt notice.
 
_cheetah_ said:
jinnu / friends - sorry to come back late on this. cld you pl answer when you get a chance. thanks in advance.

just want to understand list of documents / information that one might need to get from current employer / lawyer before thinking of making this switch. all

i have is photo copies I-140 approval notice and I-485 receipt notice.
------------- That is OK but if you can get LC copy it will help to write your Job duties when you get letter of new employer to invoke AC21
Click to expand...
*** get the Orignal I-485 reciept from Lawyer , I-485 belongs to YOU (not to your employer) LC and I-140 belong to employer and lawyer may not give you copy of LC.

** Dont use the past company lawyer to file AC21, use YOUR lawyer or new company lawyer
 
thanks ginnu

ginnu and friends ---

regarding G-28 - once a diff attorney submits it on my behalf, do the current attorney will be out of picture or still do they have access to my case etc?

just trying to understand. could you pl clarify when you get a chance
thanks again.
 
_cheetah_ said:
ginnu and friends ---

regarding G-28 - once a diff attorney submits it on my behalf, do the current attorney will be out of picture or still do they have access to my case etc?

just trying to understand. could you pl clarify when you get a chance
thanks again.
Click to expand...

If you sign new G28 with new lawyer and he sends it to USCIS then new lawyer will represent you.
in AC21 cases better to hire YOUR lawyer or use New company lawyer (dont use past company lawyer)
 
bubble23 said:
I had a brief conversation with my attorney yesterday, he told me if I decide to change jobs under AC21, as long as the position and duties are same/similar, and my I-140 has been approved for at least 6 months I don't need to send anything to USCIS, he mentioned if I ever get an RFE for current EVL, that's when I send the letter from the new company stating date I joined, description of position and duties and compensation. I need to mention he is a top-notch, tough as nails immigration attorney who is a part of the best lawyer's in America publication and serves on the board of AILA.

------------------------------------
Remember, this is just my opinion, consult a qualified attorney to get precise answers to your questions.
Click to expand...

But a new employer will ask you to bring some form of authorization to work on your first day, right? In that case if you showed them an EAD or H-1B etc, they would immediately start asking questions. This is what I am struggling with - the possibility that the new employer wants me to bring in work authorization on first day and then asking why I never mentioned that before.
 
in my case

- if you want to be on H1B, never ever show EAD which might create more confusion rather than helping.

- always say you are on H1B and want to be on H1B

I would presume - the new employer will do a regular H1B transfer for the period your current H1B holds, which if made premium can be got within a week or two.

by in cases of H1B transfer, we should be able to start working with the new employer as soon as they get the receipt.

ginnu can you clarify if my understanding is right.
should i need to state anything specific on my status to the new employer ? like I-140 and I-485 and spouse on H4 and all. coz anyway they may need to know once my current H1B expires and when we need to go for renewal again.
 
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