looking at AC21, but need some clarification, please help!

J

jjpet1

Registered Users (C)
Hello All, my I485 RD is May 2004, and I140 was approved this Feb. Since my company isn't doing very well, i am looking at switching to a bigger company under AC21, I have tried to read posts on this board, but still I need some help to clarify a few things:

1. Besides the Employment verification letter (EVL) that has a matching job description of my LC along with my title, salary, etc, and some pay statements, what else does my new company need to do for me or give me as far as AC21 goes? I know I need to send CSC the EVL and all other material (like I140 approval, I484 receipt, etc) myself, but does my new company need to file anything with USCIS for me?

2. I am still on my H1B, but I have a valid AD and EAD both of which i haven't used, what's gonna happen to them if I switch company under AC21? depends on how the new employer takes me? I don't think they will transfer H1B for me, so what would keep me in good status?

Any help is greatly appreciated, and thanks in advance!

--jjpet
 
As long as its been more than 180 days from I-485 receipt date and in the event your I-140 has been approved, you can switch to a same or similar job with a different employer. Any such move you make should be based on a valid EAD. You would ofcoz lose your H1 status if you use AC21 to switch to a new employer.

Also, I-485 is a personal application. Your company cannot apply on your behalf except to providing you an appropriate EVL. You can ofcoz take the help of an attorney.
 
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thanks catch_22_4_gc! initially I thought the EAD is tied with a specific company, but I guess i was wrong, so I can just stay on my current EAD (applied through my old employer) after switching to the new company, is this correct?
 
Catch 22,

Dont think invoking AC21 necessarily invalidates H1 status.You can transfer your H1 to the new company,maintain H1, and invoke AC21 at the same time.

Well not in this case, as the guy said the new company wont do H1 so he can use EAD


catch_22_4_GC said:
As long as its been more than 180 days from I-485 receipt date and in the event your I-140 has been approved, you can switch to a same or similar job with a different employer. Any such move you make should be based on a valid EAD. You would ofcoz lose your H1 status if you use AC21 to switch to a new employer.

Also, I-485 is a personal application. Your company cannot apply on your behalf except to providing you an appropriate EVL. You can ofcoz take the help of an attorney.
Click to expand...
 
catch_22_4_GC said:
As long as its been more than 180 days from I-485 receipt date and in the event your I-140 has been approved, you can switch to a same or similar job with a different employer. Any such move you make should be based on a valid EAD.
------------- why only on valid EAD? one can join new employer with H1 transfer
You would ofcoz lose your H1 status if you use AC21 to switch to a new employer.
---------------------- where did you read that if one join new employer and use AC21 one lose H1? that is wrong info, one CAN join on H1 and CAN use AC21 (many join with H1 and maintain H1 as good back up)
Also, I-485 is a personal application. Your company cannot apply on your behalf except to providing you an appropriate EVL. You can ofcoz take the help of an attorney.
Click to expand...
 
thanks for all your replies! I think i now have a good picture about what needs to be done or what can be done, and I can just stay on my current EAD, right?

many thanks,

--jjpet
 
one correction, i haven't used my EAD yet since I've been on H1B, but I do have one and I can use it when I start working for the new employer, correct?

--jjpet
 
You can use EAD anytime within its validity period. Yet, if option is available, it is better to be on H1 than on EAD. H1 protects the status in case anything goes wrong with 485.

jjpet1 said:
one correction, i haven't used my EAD yet since I've been on H1B, but I do have one and I can use it when I start working for the new employer, correct?

--jjpet
Click to expand...
 
Need clarification

1. What if you are in 7th year H1B and using AC21 and H1B transfer to a new
company.
Can you still get 8th year extention because if I-485 is pending
and i-140 is approved (more than 180 days)?

2. Let us say, one will join company B using above scenario and want to
move to company C later because of some problems with the company B.
Can you still move to company C using AC21???
Does it matter how many companies you have changed using AC21????

Thanks for the reply.
This is confusing....
 
ravisurya said:
1. What if you are in 7th year H1B and using AC21 and H1B transfer to a new
company.
Can you still get 8th year extention because if I-485 is pending
and i-140 is approved (more than 180 days)?
------------------ yes
2. Let us say, one will join company B using above scenario and want to
move to company C later because of some problems with the company B.
Can you still move to company C using AC21???

---------------- yes,provide comany C permanent job offer letter
Does it matter how many companies you have changed using AC21????

Thanks for the reply.
This is confusing....
Click to expand...
 
Follow up:

If your new employer is in a difference service center jurisdiction (my employer is in Vermont office, the new employer will be Nebraska) will they transfer the case from one service center to the other or just keep it in the old one? Thanks
 
Folow up questions


Ginnu, appreciate if you answer 2 more questions.

(1) Who is counting, checking or watching if you used your EAD or Not when you have a valid H1 with a company & still working for the same company ? What does it matter from status standpoint & what are the implications ?

(2) If you have EAD & if you are working for company A with valid H1 in city X, would you be ok if you work for the same company A in other city Y when there is no H1 labor for city Y ? I mean procuring an EAD card should automatically help you in all cities in USA as well as status (AOS). Am i not correct ?

Thanks a million !
 
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My opinion was based on the fact that the person who wanted the clarification had mentioned that H1 transfer to the new employer was not an option and he wanted to know if he can use exisiting EAD to jump ship.

Ofcoz, I understand well the H1 transfer options vs EADs. In any case, if he uses AC21 to jump employer using EAD, he might as well be pro-active and send USCIS the new EVL letter citing his right to invoke AC21.
 
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