AC21 + H1B Transfer

[ImmiLosers]

Hi,

Can I apply for AC 21 and H1B Transfer (to the new employer) together so that I can maintain my H1 status plus EAD/AP?

[singam]

Yes.

[ajay]

I joined another employer on H1b this May. I did not use my EAD since I wanted to maintain my H1 status. My employer is willing to support my I485 but I have not informed the USCIS about my change yet.

[ImmiLosers]

Originally Posted by ajay

I joined another employer on H1b this May. I did not use my EAD since I wanted to maintain my H1 status. My employer is willing to support my I485 but I have not informed the USCIS about my change yet.

What does that mean? Have you used AC21 or it is not necessary.
Secondly, what about the job description match up?

[ajay]

I have not informed uscis about the change although I updated my address in their website. As regards AC 21, if I am ready to file it my current employer said they will be ready to support it but I haven't started that process yet.

[addsf345]

Originally Posted by ajay

I have not informed uscis about the change although I updated my address in their website. As regards AC 21, if I am ready to file it my current employer said they will be ready to support it but I haven't started that process yet.

Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.

Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?

[desitechie]

Originally Posted by addsf345

Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.

Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?

You will get 3 years H1B extension since ur 140 is already approved.

I94 will come with the I797A approval.

This is what happened to me.

[ajay]

Originally Posted by addsf345

Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.

Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?

I got it.

Please let me know the procedure you followed for filing AC21. Did you go through your own attorney?

[addsf345]

Originally Posted by ajay

I got it.

Please let me know the procedure you followed for filing AC21. Did you go through your own attorney?

I am going to file AC21, haven't done yet. My lawyer was more inclined towards going with EAD rather than H1 transfer in first place. I am still in negotiations with the new employer.

what additional documents do we need to submit to new employer while requesting H1 transfer? I assume copy of I-140 is needed. What did you do to make sure your new job is in similar category?

[sreeanne]

Guys,

Happy New Year for everyone in this forum....

Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...

I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....

I will talk to lawyer soon on this and let u know but any insight is helpful from you all..

Thank you
Sree

[addsf345]

Originally Posted by sreeanne

Guys,

Happy New Year for everyone in this forum....

Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...

I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....

I will talk to lawyer soon on this and let u know but any insight is helpful from you all..

Thank you
Sree

Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.

My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.

[addsf345]

Originally Posted by addsf345

Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.

My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.

any one?