vselvam
05-17-2010, 03:40 PM
After filing 485, Is AC21 based changing employment is legal only when using EAD or it is applicable for H1-B transfer as well?
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife’s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can’t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife’s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don’t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife’s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can’t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife’s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don’t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks