Need help and suggestion on changing jobs.

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forumhelp

Registered Users (C)
Hi,

I used to work for 3 years for an employer. The employer had sponsored H1B and had filed for my green card application. I had received my EAD and after more than 180 days of applying for I485 application, I was laid off. Because most of the people I took advise from, suggested to try to transfer my H1B to the new employer, I joined a consulting organization. With my current employer I have no benefits and if I don't work I don't get paid. I have worked there for more than 1 year but now for family reasons I have to find a stable job. I have tried to find a job to transfer my H1 but in this economy it is very difficult. I have found a new job and I managed to get the same title and job responsibilities which I had from my first employer from where I was laid off. My question is:

1. Do you think it is ok to use my EAD and you think it is safe to move from H1B status?
2. When I changed my employer last, I checked with my attorney many times for AC21 but they said there is no need. Can you please advise and confirm if I should submit an AC21 now when I my job now? I want to do the right thing as I have always been thinking about that I should have filed for AC21 when I started working with my current employer.
3. Do you see any other concerns which I should think about?

Thank you. Please suggest your valuable feedback.
--ForumHelp
 
forumhelp said:
1. Do you think it is ok to use my EAD and you think it is safe to move from H1B status?
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Of course.

2. When I changed my employer last, I checked with my attorney many times for AC21 but they said there is no need. Can you please advise and confirm if I should submit an AC21 now when I my job now? I want to do the right thing as I have always been thinking about that I should have filed for AC21 when I started working with my current employer.
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You are not required to notify USCIS. You can, if you want, but you are not required to.
 
Hi,

Thank you and I really appreciate your quick reply. Can you please suggest your reply on the below questions.
1. Do I have to take any step to tell the government that I am moving from H1B to use the EAD document?
2. I understand that it is not required but can you please share your recommendation? If you think I should submit an AC21 application, how to tell that I have changed two jobs after my first employer?
3. I am sorry to ask this question. Can you please share with me why do you think or people suggest to be on H1B and keep EAD as a backup?
 
forumhelp said:
Hi,

Thank you and I really appreciate your quick reply. Can you please suggest your reply on the below questions.
1. Do I have to take any step to tell the government that I am moving from H1B to use the EAD document?
------No. fill up I-9 form with HR and it does not go to USCIS and stays in employer or Hr files.
2. I understand that it is not required but can you please share your recommendation? If you think I should submit an AC21 application, how to tell that I have changed two jobs after my first employer?
------ Nothing to tell. just write cover letter for AC21 request with pending I-485. Cover letter should be with your name, A#, DOB, Address, Pending I-485 reciept notice number+ you will need Permanent job offer letter to invoke AC21 from new employer with same/similar job duties. Date of joining. Salary info. Letter should be on employer letterhead with Signature and designation, date on it. you can also take the services of new employer lawyer to file AC21. FYI you are eligible for AC21 if I-485 is pending more than 180 days AND I-140 is approved and you get same/similar job offer letter from new employer to invoke AC21.




3. I am sorry to ask this question. Can you please share with me why do you think or people suggest to be on H1B and keep EAD as a backup?
-----------Many prefer to remain on H1 status so that they can bring spouse on H4 status because if one is not on H1 status one can’t bring his/her spouse on H4 to US.If due to any reason I-485 is denied then you can work and stay till H1 validity if you are on H1 status.
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-----You can search for Sample AC21 letter it has been posted many times. Search the threads.
 
Thank you for your reply. Please bear with me for one more question.
I was laid off from my job last year on Jan 31st 2009 last year. The company which I am currently working for had submitted a request to transfer my H1B document before February 15th 2009 and because they used to pay me hourly they gave me an appointment letter dated March 25th 2009 as my first project started on this date. Can you please suggest what shall I say my start date was with this company? If I say March 15th then will it be ok to show more than 1 and a half in the middle without job? If I say before February 15th then I do not have the offer letter which says that. This is the company which I am going to change now.
 
forumhelp said:
Thank you for your reply. Please bear with me for one more question.
I was laid off from my job last year on Jan 31st 2009 last year.
The company which I am currently working for had submitted a request to transfer my H1B document before February 15th 2009 and because they used to pay me hourly they gave me an appointment letter dated March 25th 2009 as my first project started on this date.
--------------If your H1 transfer was filed with latest 2-3 pay stubs and petition Reached USCIS before past employer sent letter to USCIS to revoke your H1 then your H1 transfer may be approved. FYI at this time USCIS is after consulting companies and if your new company that filed H1 transfer is consulting company then USCIS may ask for long RFE for more documents and many H1Transfers/ extension filed by consulting companies are being denied.
Can you please suggest what shall I say my start date was with this company?
----- your new company HR department knows that. ask them as they are going to write it on letter to invoke AC21.
If I say March 15th then will it be ok to show more than 1 and a half in the middle without job?
----FYI if I-485 is pending one can be without job for few months or days. I-485 is for Future job that is AFTER I-485 gets approved and AC21 is for I-485 approval based on new Employers same/similar job offer.
If I say before February 15th then I do not have the offer letter which says that. This is the company which I am going to change now.
-------- HR department of present employer knows the date you joined them and that is the date you joined them.
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Forumhelp - there is no need to mention when you got laid off from your last job. You can just mention that you joined your new job well after the 180 day period after your 485 was applied for and I140 was approved.
 
DesiG said:
Forumhelp - there is no need to mention when you got laid off from your last job.
You can just mention that you joined your new job well after the 180 day period after your 485 was applied for and I140 was approved.
---------FYI one Can work with B and A can file LC, I-140(you file I-485 with I-140 or with I-140 filing reciept)) when you are working with B. GC is for future job.
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----
 
Thanks Ginnu and DesiG,

Please help me with some more questions.

1. I am no longer working with my original employer who helped me with I485 application and they do not have any plans to bring me back. The new company which I am going to join on my EAD document will be my future employer. I asked my attorney about the AC21 and they said its not required.
Do you think I should submit the AC21 application after receiving two pay stubs from my new employer? I understand it is not required. Your recommendation will help.
Do you think I am missing anything in changing employment or understanding the future employer part?
2. This is the second time I am going to change job after I was laid off in January last year. The job changing decision is of a personal nature this time. Do you think that I will have to explain the reasons for leaving the jobs?
3. Can you please recommend a good attorney or a good link to find good attorney in California?
4. I am in Software and in my labor application from the original employer it was written that I am going to develop software using A, B and C technology. Now I work in different technology. I still develop software and have not been promoted and my duties remain the same. Do you think this will be ok?
5. Let me write it again please to put the question. I lost my job last year in January 31st and my payroll with the new employer started on March 25th 2009. This new employer helped in to transfer my H1B document. The H1B request was submitted late in January and it was approved in April. The reason the new employer didn't start my payroll was because I joined my project in March 25th. I just read a post on Murthy forum with a similar situation and the representatives said that if you don't get paid for even a single day on H1B that means you are not on H1B anymore. I have my H1B approval and all the documents. The link is http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7474050822&m=2011066402. My apology if I am not supposed to put the link here on this website. I am not trying to verify the information on the link but I really need a little help in trying to find out what is the result of not getting paid for approximately 2 months last year.
 
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forumhelp said:
Thanks Ginnu and DesiG,

Please help me with some more questions.

1. I am no longer working with my original employer who helped me with I485 application and they do not have any plans to bring me back. The new company which I am going to join on my EAD document will be my future employer. I asked my attorney about the AC21 and they said its not required.
-------it is not required but USCIS can send long RFE or NOID. I prefer to file for AC21 so that USCIS knows about your Present employer and knows that you have Permanent job offer from new employer. if you invoke AC21 by sending new employer same/similar job offer letter then it will be attached to your I-485 file. you CAN directly file AC21 and no need of lawyer.
Do you think I should submit the AC21 application after receiving two pay stubs from my new employer?
-----YES
I understand it is not required. Your recommendation will help.
Do you think I am missing anything in changing employment or understanding the future employer part?

2. This is the second time I am going to change job after I was laid off in January last year. The job changing decision is of a personal nature this time. Do you think that I will have to explain the reasons for leaving the jobs?
------ no resons to be explained. just sent new job offer letter with same/similar job duties+copy of I-485 filing reciept+cover letter to invoke AC21 with pending I-485 # XXXXXXXXX, A#..........
3. Can you please recommend a good attorney or a good link to find good attorney in California?
---------------------I dont know much about CA but any attorney can send AC21 it is not must that attorney should be in California. Why you dont file directly?
4. I am in Software and in my labor application from the original employer it was written that I am going to develop software using A, B and C technology. Now I work in different technology. I still develop software and have not been promoted and my duties remain the same. Do you think this will be ok?
-----------Job offer letter of new employer should be with same/similar job duties.if the job duties match 70 or80% as on LC it is good.if you can get job offer letter with same job duties as on LC that will be best. FYI that job offer letter is for Future job as GC is for future job.
5. Let me write it again please to put the question. I lost my job last year in January 31st and my payroll with the new employer started on March 25th 2009. This new employer helped in to transfer my H1B document. The H1B request was submitted late in January and it was approved in April. The reason the new employer didn't start my payroll was because I joined my project in March 25th. I just read a post on Murthy forum with a similar situation and the representatives said that if you don't get paid for even a single day on H1B that means you are not on H1B anymore. I have my H1B approval and all the documents. The link is http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7474050822&m=2011066402. My apology if I am not supposed to put the link here on this website. I am not trying to verify the information on the link but

I really need a little help in trying to find out what is the result of not getting paid for approximately 2 months last year.
-------dont care, if asked then explain.You have AOS pending.
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