AC21 & Advance Parole

[ps740]

Hello All,

I have run into some queries and appreciate some response:

Here's some background - I have filed for I-485 and completed 180 with the current employer, so I am eligible for AC21 portability. I have an H1b also which is valid till 2015. I visited India in 2012.

Q.If I would like to utilize AC21 as an option, how to proceed on that?

Q. I have an H1B and but when I visited India recently, I have returned back on Advance Parole. Utilizing dual intent and I am continuing to work on H1B since I am working for the same employer. If I utilize AC 21 and make a switch to another employer. If so, what status will I be in?

Regards,

Prashant

[Belle]

1. For that, all you really have to do is to accept a job in a similar profession. It is also a good idea to inform the USCIS that you have accepted such job thus using AC21. There is, however, no requirement to notify.

2. This has nothing to do with AC21. You are considered to be in H1 status. If you want to continue in H1, your new employer can transfer it like they normally would. Alternatively, you may use EAD as your work authorization. This, however, is not the same as using AC21.

[chintu45]

Belle,

So do you mean that if the job duties are not exactly similar but almost similar (similar job role but in different company with title to be same but a bit senior level), you can join on EAD and don't need H1B?

Do they have to file I140 or labor certification again?

Thxs,

[ps740]

Thanks Belle for the information.

What will happen to the GC processing in case of AC21?