Laid off. Please suggest

[ginnu]

Thanks TheRealCanadian,

Please help with two more questions:

So all I need is to submit AC21 application and not to worry about labor application and I140. Am I Right?
---------------correct
My previous job duties had some specific job based duties e.g.: Analysis, design, and develop solutions for airline industry.
I understand that they have to be similar.
----------------it is better to get permanent job offer letter with same/similar job duties. if job duties match 80% it is OK
Is it okay if the new duties say: Analyst, design and develop solutions for our clients? or does it have to be exactly the same. It was really difficult to find something in the same industry.

-----------------

 

[ginnu]

Please help here.

The new employer filed H1.
I want to submit AC21 application.
----------------once join new employer then get the Permanent job offer letter and invoke AC21
The new employer says that if I do AC21 then that abondons my H1B status and I will be on EAD.
----------------your employer is WRONG. ask him where did he found the info/law/rule. AC21 is for pending I-485.
He says there are two ways to do it:

Either I do EAD and abondon my H1B status and get on EAD.
---------------He is wrong and dont belive him. it seems he is Desi
Second way is we will have to get my I140 ported to the new company. This is not same as portability with AC21. He is not sure if I will have to restart the labor and I140 again.
-------------you dont need to start ne LC or I-140. your employer dont understand AC21. ask the permanent job offer letter with same/similar job duties and invoke AC21.
He said that now a days USCIS is questioning that if you have the EAD status why do you want to go back on H1B.
----------------He is wrong did the USCIS called him to update new law/rule?Don’t believe him he is giving you wrong info.
Are these really the cases? Have I made any mistake by not going on to EAD?
----------------Better remain on H1 and dont believe your employer.

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[forumhelp]

Ginnu, Jackolantern,

My new employer is in NJ. I am about to start working on a project to project and the new project is in CA. I live in CA. I have received the receipt of H1 application. I checked the status and the status is that the case has been transferred to the California Service Center. Is there anything to worry about it? or if I should be ready with any documents from the employer?
Please suggest.

Thanks,
--ForumHelp