Why 3 yrs H1-B approval before AC21

B

babyluck

Registered Users (C)
Can anybody please explain, why it is constantly remakred to get H1-B (7th year) extension for 3 years (if one qualifies for that) and then go for H1-B transfer and invoke AC21.
My case is 140 approved, and 485 pending for over 1 year, PD is May 2001 -EBA IND.
I have applied for H1-B extension, as my date is retrogressed I get 3 years extension. But before I get approval from current employer, if I change the job (AC21) can the new employer get 3 years extension based on EAC number of current employer 3 yrs extension filling.
I cannot produce 140 approval copy, what I have is just the printout from USCIS website saying 140 approved with my EAC number on it. But I do have 140 receipt notice copy.

Please throw some light as to how important it is for me to get 3 yrs extension first , and then go for job change. Also if I don't do accordingly then would I not get 3 yrs extension ?

However, do you see a point in waiting till oct bulletin (till sept 10 - 15th) to see if dates moves in new years quota ?

Please let me know.
 
I am in the same boat, EB2, PD Sep, 2001.
I-140 Approved and I-485 applied 9 months back.
I do not think we need H1B now. It is safe to keep H1B because in case
I-485 is rejected then It will help us not to become out of status.
I hope that chances are remote.
If you wish, you can change the company and continue on EAD.

I think you need offer letter copy and same or better salary ( pay stub) and
same titile.Check this forum how to apply AC21 and what you have to ask your new comapany before joining them.

Do not forget to get your I-140 approval copy.
My attorney sent me I-140 approval copy. You can also ask your company or attorney that you are applying for AP or EAD and you need I-140 approval copy.

I hope this can help you.

--NRN
 
babyluck said:
ohh, do we need 140 approval copy for applying EAD/AP ?
Click to expand...


EAD and AP will be issued based on pending I-485 application. You need to mention I-485 case number on your EAD and AP applications. This is most important.

It's also nice to include your I-140 approval copy, If you want.

Thanks
 
thanks for the information.
But my basic question is still unanswered.
Do I need to have H1-B 3 yrs extension with my current employer, in order to get 3 yrs extension from another employer ?
 
babyluck said:
thanks for the information.
But my basic question is still unanswered.
Do I need to have H1-B 3 yrs extension with my current employer, in order to get 3 yrs extension from another employer ?
Click to expand...

First of all, you can change the employer, If your I-485 is pending more than 180 days with help of AC21 rule. You also need I-140 approval to request 3 years H1-B extension. Now you will get the 3 years of H1B extension based on your I-140 approval and PD retrogression.

But you mentioned your PD is May 20001 and you are EB2 category. I hope your PD will be again current from Oct 2006. By that time If your H1B extension still pending for approval and your I-485 not approved till Oct 01,2006, then you will get only one year extension.

You can apply H1B for three years in premium processing. Once you get that, your new employer can transfer your H1B. But here is one more thing that you should careful, your employer should not opt for your I-140 revoke. Then you will get into problems. Your I-485 tied with your approved I-140.

So in my opinion is safest mode is apply for EAD and change the employer on EAD. Inform USCIS about your new job by sending offer letter, Job responsiblities and salary (should match with your I-140 or labor contents).

EAD will give alien benifits in changing the employers. It will be safe move and you will be protected by AC21.

If you are not planning to change the employer and want to remain with current employer till I-1485 approval then go for H1-B extension. You no need EAD in this case.

Thanks
 
capd02

thankyou for the information, I'am under Eb3 category (not EB2).So what u r saying is if my old emp revokes 140, then the H1-B extension (3 yrs) will be in problem.
But I thought being covered under AC21, our H1 extension stays safe.
I also do have EAD, but just not sure whether to use it or not,as if 485 gets under any issues, it will pose problem to my EAD status.

I'am planning to wait til sept 10th (oct bulletin) and decide the action of going for AC21 or not.

thanks,
 
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