Using AC21

[cg35]

Hi Group

THis is my case in short...

Labor: Preapproved (I just know the title and pay scale, may not get a copy from employer) - Labor Date is Oct 1999.
I-140 - Approved more than 180 days ago. Filed Feb 20th 2004. AD-Sep/Oct 2004
I-485 - Applied (Mar 18th 2004) and pending for more than a year
EAD - Initial expired during May 2005, Renewed during May 2005
Case is current from Mar 2005. But still hanging in there with INS?
Currently frozen due to visa unavailability.
EB3 Category filing.
Currently have a H1-B valid upto May 2006.

Is it a good idea to move to a new company with similar position and duties?
Do we need to file our AC21 and is it mandatory?
Does this process of filing AC21 cause additional delay in I-485 approval?
Is it a good idea to file a new H1-B when moving to the new company and what would be the new valid date I would be given instead of May 2006?


Appreciate any suggestions and clear pic of doing this process.

cg35

 

[ginnu]

Hi Group

THis is my case in short...

Labor: Preapproved (I just know the title and pay scale, may not get a copy from employer) - Labor Date is Oct 1999.
I-140 - Approved more than 180 days ago. Filed Feb 20th 2004. AD-Sep/Oct 2004
I-485 - Applied (Mar 18th 2004) and pending for more than a year
EAD - Initial expired during May 2005, Renewed during May 2005
Case is current from Mar 2005. But still hanging in there with INS?
Currently frozen due to visa unavailability.
EB3 Category filing.
Currently have a H1-B valid upto May 2006.

Is it a good idea to move to a new company with similar position and duties?
---------------- that is required for AC21, same/similar job duties
Do we need to file our AC21 and is it mandatory?
------------- if you join new employer better use AC21, if you dont use then I-485 is going to be approved for the employer whose job offer is the base for permanent job
Does this process of filing AC21 cause additional delay in I-485 approval?
--------------no
Is it a good idea to file a new H1-B when moving to the new company
------------ to join new employer with H1 trasfer is good back up
and what would be the new valid date I would be given instead of May 2006?
--------------- your are also eligible for 7th year if consume 6 years on May 2006, if not it depends for how much time the new employer/lawyer gets LCA and asks for H1

Appreciate any suggestions and clear pic of doing this process.

cg35

 

[cg35]

Thanks ginnu.

Just wanted to know if there is a form number for AC21 and any other list of documents necessary for filing the same.

cg35

 

[star12]

Hi Ginnu & other Gurus, I have some questions here, Please answer..

Hi Ginnu & other Gurus,

Here is My Information:

I am on H1 and I will complete my 6 years by OCT 2006. I am using PREAPPROVED labor from my current employer who hold's my H1. I got EAD and my 140 was cleared. My employer may or may not applied another labor on my name .. If applied he might already used for some one else..

I have some questions here... Any feed back will be greatly appreciated !!

Q1) If I join to some new company , Can they file 7th year H1 ??? based on my current 140/485 ?? Otherwise do I need to file labor compulsory on my name before one year of completing H1? Please advice..

Q2) IS there any law that says "employer can't substitute employee's labor" ?? Means X labor is given to Y and Y labor is given to Z .., and so on ...

Q3) If employer files 2 labors from 2 different states , can they substitute these 2 labors to new members who join their company?? Is it legal?? If not where we can find these clauses??

Q4) If I 140 is cleared and while proccessing 485 , how USCIS will find that what type of labor we used ?? Preapproved or OWN?? means OWN labor is given to some one else or we are using some one's labor?? like that.., Please advice.. Advance Thanks .forany feed back..