Using AC-21

[eb3_485]

Hi,
I'm on H1 on 8th Year Extension,Got a nice offer from a company, which is not large company, but projects they have are very long term projects I applied for 485 long timeback, but did not applied for my spouse , who is on H4 , applied for H1 which will be validated from 1st Oct'06.Can I switch the company now and start using EAD and apply for my spouse when my PD becomes current , or wait with the current employer till I apply for 485.

Need SUggestion.

or
Can I ask new company to start new GC Process under Perm and apply for I-140 and once its get approved, Use My EB3 PD with the EB2 Perm Application.

Or
Can I use H1 Transfer and AC-21 option since my 8th year extension is till end of 2009.



Any Suggestions will be Very Helpful

 

[ginnu]

Hi,
I'm on H1 on 8th Year Extension,Got a nice offer from a company, which is not large company, but projects they have are very long term projects I applied for 485 long timeback, but did not applied for my spouse , who is on H4 , applied for H1 which will be validated from 1st Oct'06.Can I switch the company now and start using EAD and apply for my spouse when my PD becomes current , or wait with the current employer till I apply for 485.

Need SUggestion.

or
Can I ask new company to start new GC Process under Perm and apply for I-140 and once its get approved, Use My EB3 PD with the EB2 Perm Application.

Or
Can I use H1 Transfer and AC-21 option since my 8th year extension is till end of 2009.



Any Suggestions will be Very Helpful

----------Remain on H1 status so that you wife can be on H4 status to file her I-485 when PD is current. you can join new employer with H1 transfer and can invoke AC21

 

[eb3_485]

She has H1 which will be starting this month. Is it safe to Use AC21 for me and start working on EAD , and apply 485 for my wife with the new Employer when my PD becomes current, Is that OK.

or
Use H1 Transfer and AC21.

or apply for Perm EB2 and use EB3 to EB2 Conversion.

 

[ginnu]

She has H1 which will be starting this month.
------------- why you dont post full details? if She has H1 then she need to maintain H1 status till PD becomes current .


Is it safe to Use AC21 for me and start working on EAD
------------------- AC21 is invoked for pending I-485, it has nothing to do with H1. you can work with new employer with EAD better join with H1 transfer. H1 has advantage

, and apply 485 for my wife with the new Employer
------------- Her I-485 has nothing to do with new employer or past employer, She can file her derivative I-485 when PD is current and she is on valid status. Her I-485 has nothing to do with new employer

when my PD becomes current, Is that OK.

or
Use H1 Transfer and AC21.
-----------------------Better

or apply for Perm EB2 and use EB3 to EB2 Conversion.
-----------------post once PERM EB2 gets approved and second I-140 under EB2 gets approved

 

[eb3_485]

Thank you, Its clears a lot of doubts to me, i was thinking that i should use EAD to move to new employer, but since you are saying I can use H1 Transfer, and use AC-21 to transfer the 485 case to new employer.That will be a lot helpful to me.

 

[desi3933]

Thank you, Its clears a lot of doubts to me, i was thinking that i should use EAD to move to new employer, but since you are saying I can use H1 Transfer, and use AC-21 to transfer the 485 case to new employer.That will be a lot helpful to me.

Since your I-485 is already pending, you spouse may be able to file I-485 as dependent. Please consult an experienced attorney ASAP.

 

[eb3_485]

Since your I-485 is already pending, you spouse may be able to file I-485 as dependent. Please consult an experienced attorney ASAP.

Nope, I'm from My India and my PD is march 2003, I talked to my lawyer and he said she can apply only if my PD is current.