EAD/AP card in hand but want to do H1b Transfer- please Advice

[Mahmad]

Hello Friends, 

I have following questions to ask you. I really appreciate if you can answer me. 

I have H1b since Jun 2007 with one of the Desi consulting company in New Jersey and applied for Green card in EB2 category on 2009. I got my EAD and advance parole (AP) in 2012. I got married after get the EAD/AP and my wife came to USA on H4 visa as I am working on H1b till today. I have valid H1b till 2018 and valid EAD/AP till April 2017. 

My wife is 100% house wife now and she is not interested with further study or job. 

I am on bench period last one month and my desi consultant company terminates me next one month if I am not able to get project. I am planning to do H1b transfer to different company. I have below questions to ask you, 

1. If I transfer my H1b to any new company, what is the status of my current EAD/AP which I got from my current employer? Will have to apply entire green card process again from new company? Will my EAD/AP card going to void? 

2. How can I continue my green card process with new company after H1b transfer? What documents required to continue my green card process with new company? 

3. I have H1b till Sep-2018 and have I-140 approved. I already passed 6 years of H1b. if I will not get my Green card till Sep-2018. Will my H1b going to extend next 3 years or not? 

4. What is the use of AC21? If I use AC21, Will my wife stay with me in USA? 

Thank you.

[pontevecchio]

You can use AC21 to join a roughly similar job at any time. If a company is willing to give you a job they will sponsor the H1 too. You need to make sure they know your situation and ask for H1 sponsorship when you join a similar job.

[Mahmad]

On 9/9/2016 at 4:44 PM, pontevecchio said:

You can use AC21 to join a roughly similar job at any time. If a company is willing to give you a job they will sponsor the H1 too. You need to make sure they know your situation and ask for H1 sponsorship when you join a similar job.

Thanks for your answer. I have still have below questions.

1. If I use AC21 to join other company based on H1b trasfer, Will my current EAD/AP valid? OR Will start the GC process again with Labor, i-140 approval ?

2. If I use AC21 to join other company based on H1b transer, Will my H1b going to extend next 3 year after expired my current h1b validity ?

Thanks

[pontevecchio]

1. You would seem to be off base here. By AC21 provisions you can join another company in a roughly similar job once the AOS has been pending for 6 months or more. I-140 revocation is not material to you if you use AC21 unless fraud is in the picture. The problem is you may be taking a job not necessarily valid for AC21 and on H1 status as a stopgap measure to keep your family here and also earn some money while looking for a suitable AC21 job. You do not have to inform the USCIS about using AC21 unless they send an RFE. Your AOS and hence AP/EAD will remain valid. It is EXTREMELY vital that you spend the money to keep a Lawyer in the loop and ASAP.

 

2. Maybe. But if you do not either go back to work for the original sponsor or find a suitable AC21 job by the time your H1 expires the question is redundant.

 

TALK to a Lawyer. Help yourself.

[Attorney_15]

The Murthy Forum is a free service provided to the public, but it is not a substitute for legal advice.  

 

An EAD Card and Advance Parole issued based on an I-485 are generally valid as long as the I-485 is pending with USCIS. If someone has the EAD/AP but has not used them, the person is still generally in the status held before getting the EAD/AP. 

[RjRoots]

Hello Everyone , I am on the Same Boat.  

" An EAD Card and Advance Parole issued based on an I-485 are generally valid as long as the I-485 is pending with USCIS. If someone has the EAD/AP but has not used them, the person is still generally in the status held before getting the EAD/AP.  "

As per Attorney_15 .My Understanding/Guess is we may need process the Labor/I140 Again and H1 Transfer as well.

Please correct me if i am wrong. 

Thanks, Raja

 

 

 

[pontevecchio]

A person awaiting AOS is legally allowed to stay till the GC is obtained. He may or may not have EAD/AP and he may or may not any other status.