Use AC21; New employer doesn't support H1 or GC

J

jain_rajan

Registered Users (C)
Hello,

I am currently on 8th year of H1. My I-140 is approved and I-485 is still pending. I am currently working with company X with salary around $65k.
It's already been 180 days since I filed my I-485.

I got a job offer from company Y, but this company does not support H1-B or GC processing at all. It means I have to use EAD to join this. This company is offering me $120k.

My questions are:
1. Can I switch with this new company Y? How? Using EAD?
2. If I switch to company Y, who does not support GC or H1-B, and since my GC is still under processing, are there any risks involved?
3. My title is software engineer with company X and will also be Software engineer with company Y. but since salary jumps from $65k to $120k, are there any risks?
4. How and when to use AC21?

Thanks in advance for your reply.
 
jain_rajan said:
Hello,

I am currently on 8th year of H1. My I-140 is approved and I-485 is still pending. I am currently working with company X with salary around $65k.
It's already been 180 days since I filed my I-485.

I got a job offer from company Y, but this company does not support H1-B or GC processing at all. It means I have to use EAD to join this. This company is offering me $120k.

My questions are:
1. Can I switch with this new company Y? How?
----------------- Yes you can but ask them if they will give you permanent job offer letter with same/similar skills so that you can use that for AC21
Using EAD?
----------better NOT to use EAD let Y file H1 transfer and the day H1 transfer papers reach USCIS or you get filing reciept join Y(H1 Transfer is in your intrest)
2. If I switch to company Y, who does not support GC or H1-B, and since my GC is still under processing, are there any risks involved?
-------------------I-485 cant be approved if you dont have Permanent job offer, if they dont give letter to you for permanent job offer (that is after I-485 approval) then dont join them
3. My title is software engineer with company X and will also be Software engineer with company Y. but since salary jumps from $65k to $120k, are there any risks?
4. How and when to use AC21?
------------once you join Y
Thanks in advance for your reply.
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Thanks for your reply.

Few questions regarding your reply.

Is there any particular format of permanent job letter? Every company gives an offer letter, but I am not sure if any company will write down that they are hiring me permanently. (My present company also didnt write permanent word for filing I-485).

You advised using H1 transfer but as I mentioned the new company does not support H1 or Green Card, so my question still remains : are there any risks using EAD? if they dont support H1 or GC, Is it possible that I might need them at some later point while GC is being processed?

Skills can be mentioned similar on job offer but the salary increase of 100%?Will that create problems?
 
jain_rajan said:
Thanks for your reply.

Few questions regarding your reply.

Is there any particular format of permanent job letter?
------yes
Every company gives an offer letter, but I am not sure if any company will write down that they are hiring me permanently. (My present company also didnt write permanent word for filing I-485).
------------------ Post the content of the letter; they may have written the same with different words, no employment based I-485 can be approved if it has not future permanent job offer
You advised using H1 transfer but as I mentioned the new company does not support H1 or Green Card, so my question still remains : are there any risks using EAD?
-----------------YES, if I-485 has any problems then you will not have any status to stay or work in US. if you have H1 status you can work till H1 even if I-485 gets denied
if they dont support H1 or GC, Is it possible that I might need them at some later point while GC is being processed?
----------------- I will join only if they give letter of permanent job offer to invoke AC21 and file H1 transfer. If they dont do the both I will not go with them.
Skills can be mentioned similar on job offer but the salary increase of 100%?Will that create problems?
------------------- Are they ready to give you permanent job offer letter to invoke AC21? if YES then only post question related to salary. if they are not ready to give you permenent job offer letter to invoke AC21 why to join them?? for more info go to your lawyer with all your details and questions.
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if they are not paying for h1/gc you should pay
if they are not even going to give you documents so that you can get h1 extension / gc

find another company to work with!
 
I don't understand the insistence on the H-1B. If the job is same or similar, it seems like we are focusing too much on the risk of I-485 denial, to such an extent that we are rejecting good opportunities.

It all depends on your appetite for risk, but if the job meets the AC21 requirements I wouldn't be too focused on the H-1 transfer.
 
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