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-   AC21 Portability after 180 days of 485 filing (https://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/)
-   -   AC21 and H1 - Urgent (https://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/19658-ac21-and-h1-urgent.html)

ras 06-17-2008 03:15 PM

AC21 and H1 - Urgent
 
Employer A:
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.

Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.

I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.

However, before I use AC 21, if the approved I 140 is revoked, am I still eligible to use AC 21?

Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?

gccovet 06-17-2008 04:34 PM

Quote:

Originally Posted by ras (Post 256027)
Employer A:
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.

Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.

I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.

However, before I use AC 21, if the I 140 is revoked, am I still eligible to use AC 21?

Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?

Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)

krishna_brc 06-17-2008 04:56 PM

Quote:

Originally Posted by gccovet (Post 256056)
Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)

Hi GCCOVET,

What will happen in the below scenario

Company A sponsered GC, 140 approved and 180 days passed filing 485
if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?

Thanks,
Krishna

ss2005 06-17-2008 05:14 PM

On "if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job? ".....

1) Since H1 transfer is for the current job ...if curent job duties matches with your underlying labour it is good.

2) Whether or not matching current job duties....you need to get AC 21 Letter from B(new employer) to port your GC. AC 21 letter supposed to be same/similar job duties.

correct me if i am wrong here.

jay75 06-17-2008 05:20 PM

Quote:

Originally Posted by ras (Post 256027)
Employer A:
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.

Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.

I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.

However, before I use AC 21, if the I 140 is revoked, am I still eligible to use AC 21?

Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?

If you have your 140 approved, then if Emp A withdraws may not cause any damage, but if your 140 is not approved and if Emp A withdraws it, certainly cause a big damage.

Miya Maqbool 06-17-2008 05:47 PM

H1 transfer with I 140 not approved
 
Quote:

Originally Posted by jay75 (Post 256088)
If you have your 140 approved, then if Emp A withdraws may not cause any damage, but if your 140 is not approved and if Emp A withdraws it, certainly cause a big damage.

What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)

Thanks

gccovet 06-17-2008 06:07 PM

Quote:

Originally Posted by Miya Maqbool (Post 256099)
What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)

Thanks

If Company A does not withdraw -140 then you are in good shape. But if A withdraws, you have to start all over again.

TO be on AC-21 (EAD) you just have to get new I-9 to 'B' and (your choice) send letter to USCIS.

gccovet 06-17-2008 06:08 PM

Quote:

Originally Posted by krishna_brc (Post 256072)
Hi GCCOVET,

What will happen in the below scenario

Company A sponsered GC, 140 approved and 180 days passed filing 485
if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?

Thanks,
Krishna

ss205 answered the question correctly (in my opinion).
GCCovet

ss2005 06-17-2008 06:12 PM

Hi GCCovet,

Thank you.

I did H1 transfer and notified USCIS abt my new job.
My old guy is not going to revoke it and also agreed to use the same attorney.

ras 06-22-2008 06:23 PM

when getting H1 extension
 
Is getting H1 transfer with extension based on the I 485/I 140 is considered to be using AC21. Does the H1 job description need to be similer to the I140 job description?

In this situation how come H1 description is related to GC job description. AC21 only says that one can get H1 extension based on a pending GC application. But does the job need to be same/similer?


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