Question about change of employer

[BetterTomorrow]

Hi everyone,

I'm asking this for my parents so if you could reply without abbreviations so I can understand, it would be greatly appreciated!

Here is our situation:

April 2005: H1B approved.
August 2006: I-140 approved.
October 2007: I-485 pending

We have already renewed the H1B, so right now it will expire in 2 years (September of 2011).

My dad would like to change his job. Similar position and same industry. He would like to know if the job change will affect his I-140, I-485, H1B, and will it also affect his priority dates (the lineup)?

Thank you very much!

 

[TheRealCanadian]

My dad would like to change his job. Similar position and same industry. He would like to know if the job change will affect his I-140, I-485, H1B, and will it also affect his priority dates (the lineup)?

If he wishes to switch employers, he'll need either an EAD or a new H-1. If he goes via the EAD, the H-1 (and any associated H-4s) will be invalidated and you will need AP to re-enter the US if you leave.

AC21 will allow a change of employer if the new position is similar, which it appears to be.

 

[BetterTomorrow]

Thank you very much for your response!

I was wondering if you could tell me what AC21 stand for?

And also if he use the EAD method, will it affect the priority period (line up) of his current I-485 status? Thank you!

 

[ginnu]

Thank you very much for your response!

I was wondering if you could tell me what AC21 stand for?
---------------search google for AC21 MEMO
And also if he use the EAD method, will it affect the priority period (line up) of his current I-485 status?
------------------If he use EAD his PD is not going to change but he will not be on H1 status and dependents will not be on H4 status. Thank you!

Ask your father to post if he needs more info or your father can talk to lawyer.