Job Change Questions. Gurus please help!

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calmdown

Registered Users (C)
I have a 485 pending more than 180 days. I have a few questions about H1 transfer and ac21. I am not familiar with the process. Your information is much appreciated.

1) If I change my job and would like to apply for H1B with the new employer. is that a H1B transfer or a new H1B application? can I start working immediately after the application is submitted to bcis? how long does a H1B transfer normally take?

2) Can I hire my own lawyer for AC21? Does AC21 require sponsorship from the new employer? What do I need from the new employer?

3) Can my current employer decline the request of transferring my 485 documents? Which documents need to be transferred? How long does it usually take to transfer the files?

4) When should I start the AC21 process? Before I leave the current employer? When is the best time to notify bcis about the job change?

Please forgive me for asking so many questions. But I am at a stage where I seriously need information and suggestions. Thanks in advance!:rolleyes:
 
my take on it...

1) It is better that you wait until you get the H1 receipt notice , that way you know that your application was filed with the correct fees.
If you are in a hurry and you trust your lawyer, you can join with the fedex receipt of filing of H1. Use preimium processing !!

2) Yes you can get any lawyer, but you need an employer who will pay you equal or more in the new job that resembles your prev. job. Your employer should be paying you and must be willing to send in a employment letter on your behalf.

3) I think you should inform the BCIS only after you have started on the new job. Use the lawyer to carefully craft the letter that says that you have used AC21 to start a job job and back it up with a letter that describes you job duties exactly as in the LC. Also enclose a copy of the employment letter on company letterhead. Enclose proof that you have stayed in your prev. company for more than 180 day after getting 485 notice date.

tt tt
 
Thanks a lot for your reply!

How long will it take to get the H1B receipt notice under normal vs. premium processing? how long does it approximately take to process an H1B transfer? Thanks!
 
check the processing times...

for H1 transfer cases ( I-129 ) on the CSC JIT reports..
but generally for normal case, the receipt can take anything from a week to 4 weeks ( les than 3 days for premium processing)
and for the normal approval time lines can be in months, (15 days or less for premium processing )
 
my comments follow -->


I have a 485 pending more than 180 days. I have a few questions about H1 transfer and ac21. I am not familiar with the process. Your information is much appreciated.

1) If I change my job and would like to apply for H1B with the new employer. is that a H1B transfer or a new H1B application? can I start working immediately after the application is submitted to bcis? how long does a H1B transfer normally take?

--> Depends on whether you are on a valid H1B now or not. If yours is a valid H1B, then its a transfer. Else a new H1B.
or you could use EAD to switch jobs(AC21), if you already have an EAD. That way the new employer does not have to do anything at all as far as your immigration process is concerned. But if you get a EVL (empl.verfication letter) RFE , your new employer should be able to provide one.

2) Can I hire my own lawyer for AC21? Does AC21 require sponsorship from the new employer? What do I need from the new employer?

--> You generally donot need a lawyer for AC21. You can do it yourself. I think there are lots of threads you will find on how to do it etc., AC21 is a form you turn in along with your EVL when you get an RFE for EVL. As said earlier, you need EVL with a job desc from new emplyer. job desc needs to be similar. You will find lot of threads on this AC21, if you search.


3) Can my current employer decline the request of transferring my 485 documents? Which documents need to be transferred? How long does it usually take to transfer the files?

--> Nothing needs to be transferred. At this point, you are just waiting for the INS to pick your case and send you an RFE/FP.

4) When should I start the AC21 process? Before I leave the current employer? When is the best time to notify bcis about the job change?

--> as said earlier, AC21 is a aform you will turn in when you get RFE. that tells bcis that you changed jobs. So, just wait for RFE and do nothing.

Please forgive me for asking so many questions. But I am at a stage where I seriously need information and suggestions. Thanks in advance!:rolleyes:

--> Someother people might correct, if I am wrong in any of the above answers.

Good Luck
 
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