kps9 Posted July 23, 2013 Report Share Posted July 23, 2013 Hi, I am currently working for Company x on H1B and my EAD is also approved. I need to change my job as there are some issues with Company x. Can I move to a new company and then file AC21 or I have to file AC21 first and then move to a new company? And also if my current company x is closed for some reason will that make me out of status right away. Thanks. Link to comment
pontevecchio Posted July 23, 2013 Report Share Posted July 23, 2013 AC21 is a law. One uses provisions of that law to change employers post 6 month AOS pending. It is not necessary to notify them. Some Lawyers would want you to . If X is closed you would not be affected. That's not written in stone because I do not know the details. Link to comment
Belle Posted July 24, 2013 Report Share Posted July 24, 2013 It's not clear from your description if you are eligible for AC21 portability. If you take a job on EAD, you will be out of H1 status once you stop working for your H1 employers. Link to comment
kps9 Posted July 24, 2013 Author Report Share Posted July 24, 2013 It's not clear from your description if you are eligible for AC21 portability. If you take a job on EAD, you will be out of H1 status once you stop working for your H1 employers. My end client is still the same, all job responsibilities are same and also my 485 is pending for more than 1 year. The current employer company is having some issues so I don't want to take any risk by still continuing with them. Appreciate your advice. Link to comment
pontevecchio Posted July 25, 2013 Report Share Posted July 25, 2013 Do you have Dikigorosophobia? To file or not to file needs to be discussed with a Good Lawyer. The firm of Murthy believes in filing. By all means take the job. Link to comment
Belle Posted July 25, 2013 Report Share Posted July 25, 2013 Again, on EAD you can take any job you want. From your explanation, it's not clear if you are the principal applicant. AC21 is only applicable for the principal applicant. You need to review your situation with a lawyer because "some issues" you are mentioning may have impact on survivability of your application and whether AC21 is going to help it. If the new employer does not exptend your H1, you will be out of status when you stop working for your old employer. Link to comment
pontevecchio Posted July 25, 2013 Report Share Posted July 25, 2013 If the OP is nor the principal applicant he/she can work for anyone with no problems. In this case the original question is moot. Link to comment
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