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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 08-11-2009, 02:07 AM
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Default Urgent!! Please help!! AC21 & amend H1B

Hi,

I was laid off 2.5 months from Company A, got a new job in Company B and started working a week ago.

H1B (Company A) 8th year.
I-140 Approved (Company A) for more than 180 days.
I-485 pending (Company A).
Have EAD.

Company B wants to "amend H1B." saying that it'll be useful if I-485 gets rejected.
AC21/EAD extensions etc.. Company B says i've to file on my own.

If I "amend H1B", does that cause a problem to GC application?
Can I file AC-21 and also do "amend H1-B" at the same time?

Thanks a lot for your help and suggestions in advance.
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  #2 (permalink)  
Old 08-11-2009, 03:24 AM
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Originally Posted by desiustx View Post
Hi,

I was laid off 2.5 months from Company A, got a new job in Company B and started working a week ago.

H1B (Company A) 8th year.
I-140 Approved (Company A) for more than 180 days.
I-485 pending (Company A).
Have EAD.

Company B wants to "amend H1B." saying that it'll be useful if I-485 gets rejected.
AC21/EAD extensions etc.. Company B says i've to file on my own.

If I "amend H1B", does that cause a problem to GC application?
Can I file AC-21 and also do "amend H1-B" at the same time?

Thanks a lot for your help and suggestions in advance.
You mentioned you started working a week ago. Did Company B file a H1 or are you using your EAD. If you are working on EAD I dont see why a H1 amendment is needed. If company B filed a H1 petition, then I would assume they should have prepared documentation which supports your current pending I-485 (similar role). So I am not sure what exactly the H1 amendment is for.
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  #3 (permalink)  
Old 08-11-2009, 03:42 AM
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Default

Thanks for your reply roseball.

I started on EAD at Company B and they haven't filed a H1B petition yet. Their lawyers sent me forms to fill out for amending H1B.

ThANKS FOR YOUR HELP.
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Old 08-11-2009, 10:57 AM
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Originally Posted by desiustx View Post
Thanks for your reply roseball.

I started on EAD at Company B and they haven't filed a H1B petition yet. Their lawyers sent me forms to fill out for amending H1B.

ThANKS FOR YOUR HELP.
If the jobs for which Company A filed for your I-140 is similar to the job in Company B then you will be eligible for AC21.

Company B filing for a H1-B should not cause any issue.

Please note these are general statements based on the information you have provided.
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  #5 (permalink)  
Old 08-11-2009, 11:27 AM
sGC sGC is offline
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Default EAD to H1b

Not very sure if you can do this actually. Once your status is EAD i don't think you can change your status back to h1b. I am not very sure. But please check with a good attorney before you do this.

Thanks
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  #6 (permalink)  
Old 08-13-2009, 12:38 PM
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Thanks for your input - sGC, vin13 & roseball.

Now they are suggesting they are leaning towards not doing AC21.
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