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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 03-17-2008, 01:51 PM
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Default using AC21/EAD. Need advice

Hello everyone,
My current project is ending. My client company has offered to take me full time and I am considering H1 transfer or using my EAD. Here is my Q:

The client company is small. Will that be an issue? Is there a minimum requirement on how big the company has to be able to use EAD safely?

Thanks
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  #2 (permalink)  
Old 03-17-2008, 02:31 PM
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gurus....please help.

Quote:
Originally Posted by tinuverma View Post
Hello everyone,
My current project is ending. My client company has offered to take me full time and I am considering H1 transfer or using my EAD. Here is my Q:

The client company is small. Will that be an issue? Is there a minimum requirement on how big the company has to be able to use EAD safely?

Thanks
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  #3 (permalink)  
Old 03-17-2008, 02:40 PM
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As far as I know there is no limitation on the size of the company. As long as they are a stable and sound company you are good to go.
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  #4 (permalink)  
Old 03-17-2008, 02:44 PM
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Default

Thanks for the response Tom. What if I want to use my EAD card and not do an H1 transfer. Is that going to be a problem?

Quote:
Originally Posted by tom View Post
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
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  #5 (permalink)  
Old 03-17-2008, 03:08 PM
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Default

I guess I will ask you the same...is that true both for H1 transfer and EAD?

Thanks

Quote:
Originally Posted by zoooom View Post
As far as I know there is no limitation on the size of the company. As long as they are a stable and sound company you are good to go.
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Old 03-17-2008, 03:45 PM
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Default Ac21

If you do h1 transfer then the advantage is incase your 485 application gets denied for any reason you will still be in legal status ,where as in case you use EAD and any 485 denial you will be out of status immediately.
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Old 03-17-2008, 05:38 PM
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also to consider is EAD renewal. if your EAD renewal does not come through in time you can get in to all kinds of mess. I know of someone that had to leave their job sit at home and then get hired back once Ead came through.
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Old 03-17-2008, 08:00 PM
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Hi,

My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.

Please let me know if someone has similar experience with the following:

1. Is there any salary restriction on increase from current salary percentage wise?

2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?

Thanks

Quote:
Originally Posted by tom View Post
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
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  #9 (permalink)  
Old 03-17-2008, 11:47 PM
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Quote:
Originally Posted by kapilgogia View Post
Hi,

My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.

Please let me know if someone has similar experience with the following:

1. Is there any salary restriction on increase from current salary percentage wise?

2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?

Thanks
ans 1. it is a fairly gray area. ofcourse salary increase is part of every development and change but if it over the board i.e 50% increase in salary then it might raise a flag (I have read this here in the forum) anything between 20 to 30% is acceptable.

ans2. AC21 is a fairly common option and has been used by many in this forum and outside after 180 days of filing 485. you should have no problems in renewals etc.
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Old 03-18-2008, 09:14 AM
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Default Think

Quote:
Originally Posted by kapilgogia View Post
Hi,

My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.

Please let me know if someone has similar experience with the following:

1. Is there any salary restriction on increase from current salary percentage wise?

2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?

Thanks
Answers below:

1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
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  #11 (permalink)  
Old 03-18-2008, 09:45 AM
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Default Working on EAD

I need advice..My project ended yesterday and I have another opportunity to work on EAD. I know my current employer will not be able to find a job for me as has been the case earlier and he will remove me from payroll soon. Can I start working with new employer and do not resign from my current employer?

I need help on this as I do not want to terminate my job from my side.

Any advice will be appreciated.

Thanks,
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  #12 (permalink)  
Old 03-18-2008, 01:41 PM
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while we use Ead to chg to a different company during ac21, is it possible to first chg the company using ead and then later apply for h1 transfer ?
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  #13 (permalink)  
Old 03-18-2008, 05:22 PM
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Quote:
Originally Posted by rolrblade View Post
Answers below:

1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
If you have a good suggestion/solution please PM me.
Thanks
NS
PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.
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  #14 (permalink)  
Old 03-18-2008, 11:10 PM
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Default Please help me decide.

Any answer to below question is appreciated.

Thanks,


Quote:
Originally Posted by allegator View Post
I need advice..My project ended yesterday and I have another opportunity to work on EAD. I know my current employer will not be able to find a job for me as has been the case earlier and he will remove me from payroll soon. Can I start working with new employer and do not resign from my current employer?

I need help on this as I do not want to terminate my job from my side.

Any advice will be appreciated.

Thanks,
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  #15 (permalink)  
Old 03-19-2008, 08:59 AM
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Quote:
Originally Posted by allegator View Post
I need advice..My project ended yesterday and I have another opportunity to work on EAD. I know my current employer will not be able to find a job for me as has been the case earlier and he will remove me from payroll soon. Can I start working with new employer and do not resign from my current employer?

I need help on this as I do not want to terminate my job from my side.

Any advice will be appreciated.

Thanks,
You would be resigning not terminating in case of joining a new job. Conceptually termination and resignation are completely different. Termination may have positive or negative meaning whereas resignation generally have positive meaning. Written proof of resignation is always a good. You can not do that what you want to do and if you do perhaps it will lead you towards your own grave assuming your employer and you do not have very good terms and/or relations. wih each other Suppose say if you do that, employer would simply notify USCIS to terminate your H1 as you have not resume your duty since last "so&so dates" and he may proceeding for some legal action for the the loss of so and so dollars as you did not work without notification... I mean to say if you want to play the games then your employer also can play games and perhaps it may be the master since it had to deal with many people having same mentality and might have gained better experience in that so I would suggest not to take that route. If you do not have any problems with your employer , yes certainly you can do that but again it is not advisable.
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