On EAD - would like to switch jobs

[ead2gc]

Hello Folks,

 

I have an approved I-140 from Company A and was working with A in H1B with Company B being the Client. I got an offer from B, moved from A and currently working with B for little over an year on EAD. When I joined B, my I-485 was pending for more than 365 days and attorney in B filed for AOS portability using AC21. Recently I travelled and returned back to the U.S using advance parole.    

I would like to switch job from Company B and have the below questions : 

1.  Can I switch job to company C on EAD. If yes, does C needs to file an AOS portability using AC21 for me.

2.  Can I move back to company A on EAD. A is still having my approved I-140.   If yes, does A needs to file an AOS portability using AC21 for me. 

My Priority date : July 2008.

 

Can you please provide me your expert opinion on my questions. 

 

Thanks

 

 

[Belle]

1. Sure. Assuming your new job makes you eligible for AC21 again, you should file, not your employer.

2. Yes. I would file AC21 even if moving to the original employer, too.

[pontevecchio]

1. AC21 portability is your baby. It is not even necessary to file any documents about the matter. If asked one can provide proof of AC21 in the form of a similar job. The Lawyer for B did you a favor.

2. Yes. Any mention or letter about AC21 is your baby and not A's.

 

Consult a Lawyer for expert opinions.