Question

A

ar888

Registered Users (C)
My apologies for posting this type of question here, but this is MY situation. Rajiv, can you advise?

I am on H1 working for company X (Consulting with company Y), who sponsored my GC. 485 is still pending. Company Y offered me fulltime job based on AC21. As my EAD is expired (applied for renewal yesterday), 'Y' gave me two options, waiting until EAD gets approved or apply for a new H1 (with them). They are preferring H1 instead of waiting for 90 days for EAD.

My question is, can we use AC21 by changing H1 (not using EAD)? If we apply for a new H1 and send AC21 letter to INS, will the new H1 affect my portability and ultimately my 485?

Thanks
 
Originally posted by ar888
My apologies for posting this type of question here, but this is MY situation. Rajiv, can you advise?

I am on H1 working for company X (Consulting with company Y), who sponsored my GC. 485 is still pending. Company Y offered me fulltime job based on AC21. As my EAD is expired (applied for renewal yesterday), 'Y' gave me two options, waiting until EAD gets approved or apply for a new H1 (with them). They are preferring H1 instead of waiting for 90 days for EAD.

My question is, can we use AC21 by changing H1 (not using EAD)? If we apply for a new H1 and send AC21 letter to INS, will the new H1 affect my portability and ultimately my 485?

Thanks
Click to expand...

Oh no problem at all. All moderators must enjoy at least this much special attention from us. Note that for the record everyone.

First, I am assuming your I-140 is approved. If not, let me know. If approved, read on.

There is absolutely no affect on portability in processing the H-1. So go for it.
 
Re: Re: Question

Originally posted by operations
Oh no problem at all. All moderators must enjoy at least this much special attention from us. Note that for the record everyone.

First, I am assuming your I-140 is approved. If not, let me know. If approved, read on.

There is absolutely no affect on portability in processing the H-1. So go for it.
Click to expand...


THANK YOU. My 140 was approved in Feb 2002 (19 months).

So, I can change my H1 AND use AC21 portability to continue my GC process. (Just wanted to confirm:) ). I thought waiting for RFE is a better option instead of informing job change to BCIS, but attorney wants to send a letter to BCIS.

I need this job, to put me out of financial difficulties.
 
Re: Re: Re: Question

Originally posted by ar888
THANK YOU. My 140 was approved in Feb 2002 (19 months).

So, I can change my H1 AND use AC21 portability to continue my GC process. (Just wanted to confirm:) ). I thought waiting for RFE is a better option instead of informing job change to BCIS, but attorney wants to send a letter to BCIS.

I need this job, to put me out of financial difficulties.
Click to expand...

As long as the jobs are "similar."
 
It is definitely an incentive to be a moderator on immigrationportals.com. Thanks "operations"!
 
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