| Q. |
Ac21
Hi,
I would like to invoke AC21 in the next few months and join a new employer. My 485 was filed on Aug 12. I know I can work 180 days
after filing 485 for the new employer using EAD if the job desc is similar. I would like to know if I can ask the new employer to do my H1 and work on H1 instead of EAD. That way, if my 485 gets denied, iam not out of status. Can this be done (I have no intention of working for old employer once my 485 is approved) ?. My 1st H1 was filed in Jan 2003. When i renewed it in 2007, since my labour certification was pending for more than a year, they were able to get me an extension till Jan 2010. My I-140 is approved. If I can file for H1 under new employer (as stated above), will I get a 3 year H1?.
Pls advice
User's Location:
chicago, Illinois, United States of America
Category:
Employment-based Green Card
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| A. |
Thank you for your question.
You can certainly ask your new employer to do an H-1B transfer, along with invoking AC21, so that you continue working under H-1B status (as opposed to using your EAD) so that in case there is something wrong with your I-485 adjustment of status you have a backup option. If your new employer is willing to do H-1B transfer for you, I would certainly recommend doing so. The cost of H-1B is a small amount (for both you and the employer) compared to the cost of having to stop work and seek emergency options in the case of a I-485 denial in the future. Also, your H-1B transfer, once approved, should be valid until 2010.
Once you decide to change employers, you should first file and obtain an approved H-1B transfer, then you should invoke AC21. Depending on the timing of your job change and if AC21 is invoked before the H-1B transfer approval, you may, by accident, have triggered your EAD and invalidated your H-1B status.
Please let me know if you have any further questions/concerns. I would be happy to assist you and your new employer in the H-1B transfer and in the AC21.
Best regards. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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