I filed my I-485 in July and after 1 month of filing I was laid off by my company A. My I-140 got approved in May '03 .
I joined another company B in Sep '03 by H1 transfer. EAD is approved but never used it.
1) Now I am getting a permanent offer by my client company, should I join them on EAD or H1 transfer?
------ To join with EAD is risky join ONLY with H1 transferring
2) Will the geographic location of new employer matter?
----- No, new employer/lawyer has to get new LCA from DOL and it takes only 1-2 days as LCA is fax back system, your new LCA should be for new location of work
3) Will the salary change matter? My LC salary is 70K and now it wud be 60K.
----- You are joining with H1 transfer and salary shold be more than LCA for particular location, your past LC salary (written by past employer) has nothing to do with H1 salary
4) Am I eligible for AC21? What do I need from my new employer for invoking AC21 (their HR dept doesn't know anything about AC21) ?
**** You should check the I-140 status on BCIS online by punching I-140 receipt # if it still shows approved (take the print out) AND your I-485 is pending more than 180 days you are eligible for AC21 and if you have lay off letter from past employer it is good for you, if you join new employer by H1 then new employer has to give you future Permanent job offer letter and in that future job offer letter he should write that they intend to employee you on permanent base after I-485 approval and on letter they should state the same skills as on your past approved LC and better if the mention same Job title, you can send this letter of future permanent job offer to USCIS with copy your I-485 filing receipt and you also attach a letter that you would like to work permanently with new employer XYZ who gives to the future job offer letter Or you can send it later when USCIS sends RFE, if you changed address that is on I-485 then also file form AR11 and update NCSC on 1-800-375-5283, provide your I-485 receipt, A# ( it is on I-485 filing receipt) your name, Dob, also update with USCIS service center where your I-485 is pending by writing a registered return receipt letter and request them to change the address on your pending I-485, attach copy of I-485 filing receipt, your past address, A#, DOB and new address and name should be written on cover letter for address change and out side the envelope write ATTT: address change
IF you join by EAD then join with SAME/Similar job and letter should be as above, it is much better to be on H1 because if I-485 is denied ( very unlikely) then you will have H1 status to work also file new LC through new employer as good back up plan
For more info
Take the print out and Read the AC21 august 4,2003 Memo and also give it to your new employer if you feel, because reading this he may not file H1 transfer but for your safety you have to request him to file H1 transfer and later use the AC21:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.murthy.com/UDportme.html
Good Luck!!
