AC21 - a bunch of questions

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02-10-2016, 08:25 AM
Light@EOT

AC21 - a bunch of questions

Gurus-

I am in H1B for the last 10 years.
I am in EB2 with last quarter of 2010 PD and approved I-140.
My spouse got H4 EAD.

Questions to the Gurus... ( all questions are with respect to current state of law)

If I change the employer now...

1. Do I get H1-B extension for another 3 years?

2. Will the H4- EAD be still valid?

3. As of now, at the present rules/conditions, I know I need to start my GC all over again... but will I be able to retain my PD even if my employer revokes my I-140 ( approved in 2011.), just in case.

4. With the new employer, say after 2 years, when my spouse's H4 EAD comes up for renewal, will I be able to renew it, if I still do not have a new I-140 from the new employer?what is needed for the successful renewal...

5. will I be able to renew my H1 again after 3 years with the new employer, even if I still do not have a new I-140 from the new employer ( using the current 140?). what is needed for the successful renewal...

6. BTW, any idea when the premium for PERM processing is going to be available?

Awaiting your feedback.
I am reposting this since there were no replies.
02-10-2016, 01:53 PM
jimmys

Quote:

Originally Posted by Light@EOT

Gurus-

I am in H1B for the last 10 years.
I am in EB2 with last quarter of 2010 PD and approved I-140.
My spouse got H4 EAD.

Questions to the Gurus... ( all questions are with respect to current state of law)

If I change the employer now...

1. Do I get H1-B extension for another 3 years?
======> Depends on your new employer. If it's a FTE I don't see a reason why you don't.

2. Will the H4- EAD be still valid?
======> I think it will be valid as long as you're on H-1B.

3. As of now, at the present rules/conditions, I know I need to start my GC all over again... but will I be able to retain my PD even if my employer revokes my I-140 ( approved in 2011.), just in case.
======> In the past people were able to port the dates. You may not have any problems if your I-140 is not revoked for fraud/misrepresentation.

4. With the new employer, say after 2 years, when my spouse's H4 EAD comes up for renewal, will I be able to renew it, if I still do not have a new I-140 from the new employer?what is needed for the successful renewal...
======> It's possible to renew it even without new I-140 since you are past 6 years on H-1B. Refer H-4 EAD FAQs by USCIS.

5. will I be able to renew my H1 again after 3 years with the new employer, even if I still do not have a new I-140 from the new employer ( using the current 140?). what is needed for the successful renewal...
======> I think you need new I-140 from your new employer for extension after 3 years. Check with others' input as well.

6. BTW, any idea when the premium for PERM processing is going to be available?
======> I have no idea.

Awaiting your feedback.
I am reposting this since there were no replies.

My answer is inline.
02-11-2016, 09:28 AM
srimurthy

Quote:

Originally Posted by imdeng

Light@EOT - Do you anticipate your I-140 being withdrawn once you leave your employer. If not then with AC21 you are in good shape.

My understanding is Light@EOT can't use AC21 as his PD dates have never been current and never not a chance to file 485.

As long as the I-140 is not withdrawn, you may be ok as the GC is for future job and H1 transfer should be fine. And based on that H4 EAD extension should also come over.
02-11-2016, 01:52 PM
Light@EOT

Quote:

Originally Posted by srimurthy

My understanding is Light@EOT can't use AC21 as his PD dates have never been current and never not a chance to file 485.

As long as the I-140 is not withdrawn, you may be ok as the GC is for future job and H1 transfer should be fine. And based on that H4 EAD extension should also come over.

Gurus -
Thanks for the reply.

You are right. I never filed 485.

BTW, what happens if my Employer withdraws i-140?
02-12-2016, 01:07 PM
srimurthy

Quote:

Originally Posted by Light@EOT

Gurus -
Thanks for the reply.

You are right. I never filed 485.

BTW, what happens if my Employer withdraws i-140?

I will put my thoughts but let the Guru's step in or you may need Legal advice.

If the employer withdraws the I-140 and then you apply for the H1 extension or apply for transfer, (considering you are beyond the 6 years limit) the transfer may get rejected as the H1 extension beyond 6 years is dependent on the I-140 that is approved and valid. If you have not yet utilized the 6 years limit, they may approve for the remaining period.

Just my thoughts and I am usually on the pessimistic side when it comes to USCIS.