AC 21 and Loss of H1B Status

[rb_248]

Folks-
Apologize me if this topic has been discussed before. I searched and was not able to find it.

I've heard and read that invoking AC 21 would result in loss of H1B status. Can the AC 21 employer apply for H1B transfer after one moves to the new firm? There by H1B status can sill be maintained. Am I missing anything? Please post.

Thanks

-RB

[gc_chahiye]

Originally Posted by rb_248

Folks-
Apologize me if this topic has been discussed before. I searched and was not able to find it.

I've heard and read that invoking AC 21 would result in loss of H1B status. Can the AC 21 employer apply for H1B transfer after one moves to the new firm? There by H1B status can sill be maintained. Am I missing anything? Please post.

Thanks

-RB

you can transfer your H1 and invoke AC-21. AC-21 != having-to-lose-H1

[deba]

I have the same question too regarding the 180 day rule. I am a July 2nd filer, got EAD and AP. I-140 approved long time back in '06. So, I will be meeting the 180 day rule and I-140 approved criteria in jan/08.
My H1 expires in 12/08. In case I transfer my H1 to a new co. sometime next year, will I have to restart my GC process again? or will AC-21 kick in and the process will continue as is with me just waiting for GC and PD becoming current etc. Thanks

[rb_248]

Originally Posted by deba

I have the same question too regarding the 180 day rule. I am a July 2nd filer, got EAD and AP. I-140 approved long time back in '06. So, I will be meeting the 180 day rule and I-140 approved criteria in jan/08.
My H1 expires in 12/08. In case I transfer my H1 to a new co. sometime next year, will I have to restart my GC process again? or will AC-21 kick in and the process will continue as is with me just waiting for GC and PD becoming current etc. Thanks

I dont think that you have to restart the GC process all over again.

[sam_hoosier]

Originally Posted by rb_248

Folks-
Apologize me if this topic has been discussed before. I searched and was not able to find it.

I've heard and read that invoking AC 21 would result in loss of H1B status. Can the AC 21 employer apply for H1B transfer after one moves to the new firm? There by H1B status can sill be maintained. Am I missing anything? Please post.

Thanks

-RB

You will lose your H1B status if you use your EAD. AC21 allows you to change employers 180 days after I-485 receipt date. You can invoke AC21 without using your EAD i.e. change jobs on H1B and that way you will not lose H1B status.

[mashu]

Originally Posted by sam_hoosier

You will lose your H1B status if you use your EAD. AC21 allows you to change employers 180 days after I-485 receipt date. You can invoke AC21 without using your EAD i.e. change jobs on H1B and that way you will not lose H1B status.

Hello everybody,
I am July 2 filer,
I am absolutely not that clear about all this documentation around.

Please help me with the following:

My H1B will expire in the middle of March.
My 180 days will be on December 29 (as I counted).
I'd like to change an employer in 180 days.
The job description won't be the same - will try to figure out what means 'similar' - as a next step.

Should I ask my current employer for H1B 3 years extension (as I-485 is pending and I-140 is approved) before invoking AC21???

For example, I am not extending my visa, in March 2008 I will become a parolee ???

Thanks a lot!!
I am aware that I am most propably asking stupid quiestions but please clarify!!!

[jthomas]

mashu,

I am in the same boat as you. Whenever u need to change employer the H1B transfer fee plus the lawyers fee would be approx $3500/- and if you want to extend your H1B the lawyers the lawyers would be around $3000/-. The best thing find an employer soon and move on with an H1B transfer.

[mashu]

How actually similar the job description should be??
Don't know exactly what title was in the LC but it was programming position. Can I accept the QA Engineer position or NO-NO???
Thanks!!