Switching Companies with AC21's three year extension

R

rakesh2004

New Member
To All Gurus,

I got my LC and 140 cleared and currently waiting (PD FEB 2003) for the I-485 filing based on the retrogression issue with the one year H1B extensions.

My Question is, If I get a three year extension based on the AC21 rule (being my 140 cleared)...
1. Will I able to switch to another company by doing a H1B Transfer with the new company?
2. If am able to, How many year I will get in my new H1B with the new company.?

Any response or advice will be appreciated...!

Thanks Guys.

Rakesk
 
Same Boat

Only difference is, i am planning to switch to company B and making company B apply for the 3 year extension.
Can somebody elaborate on the rules and the associated pros and cons, please.
 
From what I understand, you can switch companies after your i 140 gets approved and get a 3 year h1b extension/transfer. Make sure you have copies of your i 140 petition and approval and copies of your labor filing date. As i 485 is retrogressed, you cannot file for 485.
Once you change employer, your new employer has to start the GC process from the beginning (Including L/C) but you can retain your old priority date. So technically if your old priority date is April 2003 and you are filing under PERM in 2006 through your new employer after getting the 3 year h1b transfer/extension, you can go ahead with PERM, i 140 all over again and by the time your 140 gets cleared with the new employer if the priority date is April 2003 then you can file for i 485. So you can switch any number of companies, but you will have to do the GC process al over again, only advantage is you can retain your original priority date.
Please confirm this with a lawyer though
 
Thanks....!

Folks,

I really appreciate your responses. Thanks.

The main concern...Do we know for sure that "we will get a 3 Year extension (H1 Transfer) with the B (New) company provided that we have I140 Cleared with the Company A and also our 6 years is already been completed"...!

I haven't checked this concern with our lawyer...and honestly we don't have a very supporting personels over there either...!

Please do respond to that concern....I really appreciate that.

Thanks Folks,
Rakesh.
 
rakesh2004 said:
Folks,

I really appreciate your responses. Thanks.

The main concern...Do we know for sure that "we will get a 3 Year extension (H1 Transfer) with the B (New) company provided that we have I140 Cleared with the Company A and also our 6 years is already been completed"...!

I haven't checked this concern with our lawyer...and honestly we don't have a very supporting personels over there either...!

Please do respond to that concern....I really appreciate that.

Thanks Folks,
Rakesh.
Click to expand...


Rakesh,
Yes i believe so, you can get 3 yrs extension showing the 140 approval from company A to Company B.

Join Murthy Chat and ask her this question. She will help you.
 
If Labor and I-140 are approved and applying for H1 extension beyond 6 years, it will be for 3 years instead of 1 year because of retrogression.
 
i think this question was answered by one of uscis memos. The answer is yes. But I think you should consult your attorney.
 
Thanks...!

Folks,

Thanks all for your replies...!

I will try to validate this question with the lawfirm.

I really happy to see the positive responses about this question...but it needs to be really true to believe in ...Because I don't see a near future where we can be eligible to appy for I-485 and from there we can switch the companies with EAD unless any miracles happens with the Immigration bills...!

Please post your comments if you are able validate this questions with your/any lawfirm....!

Thank You All.
Rakesh.
 
Friends,

I think you are getting confused....I hope what i am saying below is accurate, if not correct me.

1. AC21 is applicable only after I-485 is pending for over 180 days. Having an approved I-140 DOES NOT make you eligible for AC21.

2. If you have approved I-140 and unable to file for I-485, then you are eligible to get 3 year extensions on your H1.

However, i remember reading either on this forum or some other forum, that :

1. If you get a 3 year extension based on an approved 140 (but not eligible to file for 485), then if you change companies, you are putting yourself at risk. This is because the very reason you got a 3 yr extn was your approved I-140, which will not be valid any longer if you change companies. Not sure about this though....

Please ensure you check up on all eventualities before taking any step..best of luck....
 
AC 21 Law

Rakesh,
The way from what I understand AC-21 work is, you can switch employers only AFTER you file for your I-1485 and 6 months has passed, NOT while you just have your I-140 approved and not even filed for I-1485. (I am in the same boat as you waiting for the dates to retrogress). The good news I hear and feel about is that dates could move rapidly and we might be able to file the I-1485. You could also think about doing a CP even now by filing for I-824 (Ofcourse PD has to be current to do a CP) but still you save a lot of time after the PD gets current and it becomes a full stop and not a comma. if Adj. of status is filed and you are waiting for EAD and AP renewals every year.

I guess we have to be sit tight and wait for the numbers, prayer is the only solution.

Good luck.
SG
 
You can change jobs on EAD using AC-21 180 days after you filed 485. However you are also elegible for H1 extension (with any employer)beyond 6 years if LC was applied before 6 year. If the orginal employer does not support you GC anymore, you have to start the GC process again. I am unsure if you are elegible for further extension if orginal employer withdraws 140 - check with your lawyer.
 
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