Pls. advise on H1 transfer - AC21 case

I

i12NO

Registered Users (C)
Friends,

I meet the requirements for AC21 and I am about to invoke it and join a new company in a week's time.

I was planning on using EAD to join the new company. It just occurred to me that I can also have H1 (valid till March '09) transferred to the new employer. Is it relly an option? If so, can I just have it filed by the new employer and start working. I only have a week's time before the start date. And, my current employer may try to revoke the I140. Please advise.

Thank you very much!!!
Eb3 India - PD 10/02
 
i12NO said:
Friends,

I meet the requirements for AC21 and I am about to invoke it and join a new company in a week's time.

I was planning on using EAD to join the new company. It just occurred to me that I can also have H1 (valid till March '09) transferred to the new employer.
--------- You can get H1
Is it relly an option? If so, can I just have it filed by the new employer and start working.
------------ let the employer file H1 and then start working working once the Petition reach USCIS or to be safe join after you get H1 filing reciept notice
I only have a week's time before the start date. And, my current employer may try to revoke the I140.
-------------- If I-140 approved and I-485 pending more than 180 days then you are eligible to use AC21 even if employer sends letter to revoke I-140.
**H1 status is better option
Please advise.

Thank you very much!!!
Eb3 India - PD 10/02
Click to expand...
 
Thanks Ginnu.

I'm going to check with the new Employer on their willingness for H1 transfer and proceed accordingly.
 
i12NO said:
Friends,

I meet the requirements for AC21 and I am about to invoke it and join a new company in a week's time.

I was planning on using EAD to join the new company. It just occurred to me that I can also have H1 (valid till March '09) transferred to the new employer. Is it relly an option? If so, can I just have it filed by the new employer and start working. I only have a week's time before the start date. And, my current employer may try to revoke the I140. Please advise.

Thank you very much!!!
Eb3 India - PD 10/02
Click to expand...

H1 is definitely a good option. Though I did anticipate some problems but like denial but I did not see this new one I have been concerned past few days.
I want to travel and what happens if 485 is denied again while I am out side country? I dont have any backup plan.
 
i12NO said:
Thanks Ginnu.

I'm going to check with the new Employer on their willingness for H1 transfer and proceed accordingly.
Click to expand...

New employer may say that join with EAD because he has to pay for H1 filing and lawyer fees, inform them that you want to maintain H1 status and want to remain on H1 because if anything goes wrong with I-485 you want to maintain H1 status. Try to convince the employer.
 
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