Please help --- Is AC21 required with H1 Transfer also ?

[jammmieus]

Hello Gurus,

I'm in 8th year of my H1, I already have 4th extension which is valid till 6/2010 & I'm planning to transfer my H1 to a new employer & my I-140 was approved in Dec 2004 & I filed my I-485 in Sep 2004.
I just wanted to know if I would need to file for AC21 in case of H1 Transfer also or it's required in case of using EAD only.
Any answer would be greatly appreciated.

Thanks

 

[TheRealCanadian]

I just wanted to know if I would need to file for AC21 in case of H1 Transfer also or it's required in case of using EAD only.

That depends. If you want to keep your GC process alive, then you will need to claim AC21relief if USCIS issues an RFE.

 

[banta4gc]

Filing AC21 is only a precaution.......not required by law......most commonly filed only for employers who threaten with I-140 revocation....

>>>>

Check out these...

AC21 Policy Memoranda at USCIS

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf

http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf