precautions before Joining new company under AC-21 Portability

[arudiarun]

Hi Belle, I have been seeing your reply to many questions asked by the immigration community, I would appreciate your help on behaf of immigration community. I do need help from you. Here is my situation.

I am planning to switch my employer who has processed my GC. I am going to work under same technologies/area asI am working now, only position is changing. I am not sure whether current employer cancels my I-140.

Before I switch to new employer what precautions/measures I should consider?

Is it better if new employer's attorney to submit AC-21 on behalf of me?

Is it better to ask new employer to specify same job duties as in GC labor application?

Currently, I have an approved H1B based on Labor and I-140, Is it possible to transfer H1B to new company (At board of entry to USA, I used Advance Parole)?

Sorry for many questions, thanks in advance.

[Belle]

"Before I switch to new employer what precautions/measures I should consider?"

You need to evaluate your new position for being similar to the old one. Having a copy of your I-140 approval, if you can get one, may be beneficial in some cases. Realistically, there is nothing else you can do.

"Is it better if new employer's attorney to submit AC-21 on behalf of me? "

Every situation is different. I don't see an advantage in using a particular attorney.

"Is it better to ask new employer to specify same job duties as in GC labor application?"

My honest answer is no. The responsibilities should be similar. If you have exact same ones, it may raise a red flag (just my opinion).

"Currently, I have an approved H1B based on Labor and I-140, Is it possible to transfer H1B to new company (At board of entry to USA, I used Advance Parole)?"

Sure.

[arudiarun]

Thanks a lot Belle, Your response is greatly appreciated.

[arudiarun]

Hi Belle, My priority data become current, hopefully will get the GC in this month. When I left my previous company, HR told that they don't cancel I-140. So, If the GC gets approved, to fulfill the need that one should work for the sponsoring company for atleast 6 months, do I need to go back to my old company? As per USCIS when they issue GC, they issue based on my previous company I-140. How will they know that I changed the company and should work for the curren company for 6 months? Thanks.

[Belle]

By filing an AC21 notice you are informing the USCIS of who you are planning to work for once the green card is approved.

[arudiarun]

Thanks for the reply, so it's mandatory or I would say 'better' to apply AC-21 even though knowing that your previous employer won't cancel I-140. Let's say in the process of applying AC-21, if the GC gets approved, can I still go ahead and apply for AC-21?

[Belle]

You may only file an AC21 notification between 180 days of your I-485 filing and approval.