Please help...

A

atyagi73

Registered Users (C)
Hi,

I have approved I140 and have filed my 485(with EAD and AP) on Aug 10th( I could not file in June due to some situation).

Now I am getting an offer from my client for a manager position(current title on labor is Programmer Analyst). The position is very promising and very hard for me to refuse. So I spoke to my current employer and they have agreed that they will not cancel my I140.

I am thinking about four options:
1. Change employer now(2-3 months) on H1 and hope that I will get my GC through current employer. Not sure of associated risks with this option.
2. Change employer now(2-3 months) and if I do not get GC in 6 months(which I believe I will not) then invoke AC21 later. Not sure if that is legal and how much risky it is esp if new position is different than what I have in LC ?
3. Wait for few months get EAD and change employer after that. Use AC21 later(same as #2).
4. Refuse the job(new employer will not wait for 6 months as it is a big corporations with strict policies).

Please advise. If you have been in same situation please share it.

I am also planning to travel to India in Nov. Not sure if I use:
1. AP from current employer
2. H1 from current employer
3. H1 from new employer(if I transfer H1).

Thanks in anticipation.
 
atyagi73 said:
Hi,

I have approved I140 and have filed my 485(with EAD and AP) on Aug 10th( I could not file in June due to some situation).

Now I am getting an offer from my client for a manager position(current title on labor is Programmer Analyst). The position is very promising and very hard for me to refuse. So I spoke to my current employer and they have agreed that they will not cancel my I140.

I am thinking about four options:
1. Change employer now(2-3 months) on H1 and hope that I will get my GC through current employer. Not sure of associated risks with this option.
2. Change employer now(2-3 months) and if I do not get GC in 6 months(which I believe I will not) then invoke AC21 later.
----------------I dont think you will get Gc in 6 months if EB3 and belong to India, china
Not sure if that is legal and how much risky it is esp if new position is different than what I have in LC ?
------------------------------ you can do that but for AC21 need to have same/similar job duties on permanent job offer letter to invoke AC21
3. Wait for few months get EAD and change employer after that. Use AC21 later(same as #2).
4. Refuse the job(new employer will not wait for 6 months as it is a big corporations with strict policies).

Please advise. If you have been in same situation please share it.
------------------------I will stick with present employer for 180 days from I-485 reciept date.

I am also planning to travel to India in Nov. Not sure if I use:
1. AP from current employer
2. H1 from current employer
-------------when you come back to US if you have valid H1 visa stamp then why to use AP??
3. H1 from new employer(if I transfer H1).
----------- if get H1 transfer approval notice before you go out of US and when you plan to come back if you have H1 visa stamp through A and stamp is valid then you can use that H1 valid stamp to enter US and at POE show valid visa stamp AND H1 Transfer approval notice and you will get I-94 till H1 transfer approval notice
Thanks in anticipation.
Click to expand...

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AC21 Questions

I am planning to change employer before 180 days and continue my GC with previous employer as I am very comfortable that they wont cancel my I-140. My questions are about invoking AC21 after 180 days.

1. When I invoke AC21, can I send original offer letter(from new employer) which will have a date before 180 days ? Would that cause an issue ?
2. Is it legal to work for employer B while you are on LOA from employer A ?

Thanks in anticipation.
 
Not a good idea to change employment before 180 days. If you do so you will not be covered under AC21.
 
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