Help needed: Career progress opportunity

[harapatta]

Current status: H1B and EAD (EB2- I, Priority date April 2010)

I am working for Company A that filed for my GC & H1B, moved within the company due to promotion in the same field at their different locations.

Now I got a really good job offer by company B in the similar field with better pay & prospects.

I had waited for last eight years and looks like I am getting little closer than before in my GC journey. I need advice based on current EB2 movement (retrogression etc.) should I wait or take risk of moving to new company utilizing AC21?

Thanks,

[skpanda]

Personal opinion here.. u need to decide whats best for you. I am Dec 2010 EB2I.

April 2010 EB2I means you have already filed for EAD/AP. Its already 6 months that you filed. You are free to join any new employer.

When you get current may be in 2019 or 2020 again, you may get an RFE for Employment letter. Ask your new employer to give the letter. As long as the job duties are essentially similar there is no problem.

Company B DO NOT need to file GC again.

[harapatta]

Thanks for your quick response.

As I read about AC21, its not very clear .

My biggest fear is should I rock the boat after waiting for so long, as I do not want to jeopardize my GC.

[srimurthy]

Thanks for your quick response.

As I read about AC21, its not very clear .

My biggest fear is should I rock the boat after waiting for so long, as I do not want to jeopardize my GC.

AC21 is specifically for situations like these, where it has been more than 6 months since 485 is filed. So you can switch companies with similar requirements and positions.
Only thing is you will be working on EAD and lose the H1 extension or assurance, guru's may provide more info here.

It would have been a different scenario if you have not filed I485 yet and thinking if you join the new company where the PERM and 140 approvals take time by the time your date becomes current

[skpanda]

Again.. my personal opinion.. if i get a better job i would jump on it.. even though i do not have EAD and will have to go thru PERM/I-140 again.

[tenyearsgone]

AC21 is specifically for situations like these, where it has been more than 6 months since 485 is filed. So you can switch companies with similar requirements and positions.
Only thing is you will be working on EAD and lose the H1 extension or assurance, guru's may provide more info here.

It would have been a different scenario if you have not filed I485 yet and thinking if you join the new company where the PERM and 140 approvals take time by the time your date becomes current

You can change jobs, get your H1 transferred (and renew as needed), apply for AC-21 / supplement J, and renew EAD/AP as you have been doing all these years. The only thing that would change is that you are no longer working at the company that originally sponsored your GC.

A lot of folks (including me) were under the misconception that you have to change jobs only on EAD after you file for I-485. That is false .. you can change on H1 as usual and also transfer your GC process via AC21 6 months after you file for I-485. Just don't change first on EAD and then apply for H1 transfer as that'll result in change of status.

[srimurthy]

You can change jobs, get your H1 transferred (and renew as needed), apply for AC-21 / supplement J, and renew EAD/AP as you have been doing all these years. The only thing that would change is that you are no longer working at the company that originally sponsored your GC.

A lot of folks (including me) were under the misconception that you have to change jobs only on EAD after you file for I-485. That is false .. you can change on H1 as usual and also transfer your GC process via AC21 6 months after you file for I-485. Just don't change first on EAD and then apply for H1 transfer as that'll result in change of status.

Good to know this info. I was also under the same misconception that you have to be using EAD to switch using AC-21.

[axisbuck]

I apologize for posting in the wrong section but i didn't have much response. I am on EAD since 2013 (EB2 PD July 2009). I got offered a supervisor position with same company but a different location about 80miles away from current one. This is in the Oil field non IT sector . I will check with lawyers Monday because all of them are magically missing on a Friday. Can i move to the new job without negatively impacting the GC process. What do i have to file supplement J or let USCIS know? Anyone with a similar situation..

[idliman]

I apologize for posting in the wrong section but i didn't have much response. I am on EAD since 2013 (EB2 PD July 2009). I got offered a supervisor position with same company but a different location about 80miles away from current one. This is in the Oil field non IT sector . I will check with lawyers Monday because all of them are magically missing on a Friday. Can i move to the new job without negatively impacting the GC process. What do i have to file supplement J or let USCIS know? Anyone with a similar situation..

Your case is perfectly similar to the thread. I think July 2009 PD will not be current immediately. As long as your new employer is willing to file AC21 and justify that the new job is in same or similar category, you should be fine. It is just a matter of how closely the job description matches the PERM one. If you had H1B you can look at SOC codes. If you wait for EB2I to be current, no one can tell you how long you have to wait. It is a personal decision. Also if you read elsewhere, job location change does not affect AC21 portability.