Question for JoeF-URGENT HELP NEEDED

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sbabu1025

Registered Users (C)
I need some urgent help. I am a Sch-A Physical Therapist, my PD for 485 is Nov 29 2004 at VSC. Currently VSC is processing Dec 1 2004 applications.I am planning to do a job transfer through H1B (Though my EAD/140 is approved i haven't used my ead still i am in h1b) to another company, I am planning to start the new job by Nov end of 2005, I have 3 questions

Q1.When I do a job transfer through H1B do I have to use the AC21. Will this affect my GC process

Q2.What if I get the GC approval before I start my new job, can i do job transfer right after GC approval, is it advisable to do that,( my future employer offers me a higher pay than my current which is lesser pay)

Q3.Say if I get the H1B Approval or receipt number before the 485 approval for the new company, in that case can I do a job transfer right after 485 approval


Need a great help in this aspect
 
Thanks JoeF

Your reply is much helpful, one more question, If someone does a job change right after GC approval will that be an issue when that person renews his/her GC or it will be an issue only during the naturalization process, kindly reply
 
Thanks JoeF

My attorney suggests me to go through H1B and not with EAD, can you explain the following

1) Is it safe to do job transfer through H1B or through EAD
2)If it is through H1B what are the reasons that it is safe
3)If it is through EAD what are the reasons for safety and risks

Eagerly waiting for the reply
 
Hi Joef

Recently I had annual review by my boss, he appreciated all my work but he reported I need to satisfy certain critierias to get annual rise in the salary,also he said he will consider that only next year (ridiculous). I have another employer who is ready to give me a job with the pay difference almost 15,000 dollars higher than the current one, but I can start the new job only by Jan 2006, my concern is if in case I get my GC within Jan 2006 (My PD is Nov 2004 at Vermont Service center, currently VSC is processing Dec 1 2004 cases) considering the reason of no salary hikes or merits can I switch jobs, I also have an evidence typed by my boss the requirements that I have to satisfy to get salary raise which was not mentioned to me when they hired me, kindly reply
 
Hi Joef

Thanks for the kind response. I have this situation, things changed suddenly. Initially I have planned to start my New Job in New Jersey by Nov 2005, but I cannot start the job until Jan 2006 due to some family issues.I had no other choice due to some troubled situations. I have decided to stay with my current employer until Dec 30th 2005. My new employer is ready to get me started by Jan 2006. My question is what if I get my GC before Jan 2006, (my PD at VSC is Nov 29 2004, currently VSC is processing Dec 1 2004 PDs) Is there anyway I could work out this situation.since I know it is advisable to stay with the sponsor up to 6mnths after GC approval, in my case if I get the GC I will be quitting in 1 or 2 months. Is there any way I could handle this situation.I need your advice
 
what happens in such a case that u send an AC21 anyways and have proof of that. so lets say in a matter of weeks of ur approval USCIS gets AC21.what do they do ?
do they cancel the GC - i dont htink so. dont quote me ont he following - because it was by word that one l=company lawyer said - u just have to send a AC21 letter (close after ur approval date) and USCSI simply files that paper in ur file.
if something happens later - atleast they know that u sent AC21 letter

there are pros and cons in this.

but we have to remember - that ur GC doesnot carry any employer info-
its only in ur files (meaning they dont give another GC if u change emplyer)
so its jsut a matter of them filing ur AC21 letter.
(for people who havent use AC21- its nothing fancy- its a one page letter written by you - telling ur situation)
 
Hi enquirer/Joef

I have a written employment agreement signed by my new employer and by me plus the job start date and the benefits papers written and signed. Also I have the copy of the letter of resignation signed, the last date of current employment will be Dec 30th 2005. Is there any possibility that I can file AC21 now for the employment start date of Jan 16th 2006, I haven't used ead yet, I am still on H1B. Need some advice
 
if u r 100% sure of joining the new company- you should file AC21.
there is no criteria that says you have to be with the new company (employed) to file AC21.
since GC is for a future job and ur 485 has not been approved yet. i think you should file the AC21.

and besides go with an attorney - its a little more money- but worth it.

but if u ask me yes you should file- just send you future job offer letter and also ask the new company their financial results for the last three years. send that too (usually a book format)
(u dont have to send the resignation letter)
 
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