H-1B: Switching Employers

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Jaspal
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Post by Jaspal »

Thank you Nelson. Does AC21 apply only in I-485 cases? Do you mean if a consular route is taken, one can change job soon after filling at a consular office (after PD is current) without any repercussions? I am trying to find alternatives to a new PERM/I-140. Thanks in advance.
nelsona wrote:Without applying for i-485, there is NO provision in AC21 for porting I-140. You must have your new sponsor file PERM and I-140.

They can port their H1, but this this does not equate to GC sponsorship.
nelsona
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Post by nelsona »

AC21 does NOT apply to consular processing. If you go to your interview having left your sponsor, I would expect a denial.

If you have an approved I-140 but are not current, I would strongly suggest you do what it takes to switch from CP to AOS and do so. You have so many more rights waiting for AOS than for CP.

AC21 is a major factor why so many people switch from CP to AOS.
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nelsona
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Post by nelsona »

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Jaspal
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Post by Jaspal »

Thank you Nelson. Being a Canadian on H1, I understand I have choice on CP or AOS when PD becomes current, eventhough I-140 approval notice indicates CP in Montreal. I know AOS is better, but I thought CP might move faster. Being H1 I don't have EAD/AP issue. Am I right?
nelsona
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Post by nelsona »

Everyone has the choice of AOS or CP.

Until your PD is current, neither is moving at all. so it doesn't much matter with regards to changing companies. You were talking about doing this close to CP interview: this would be a mistake.


CP: if you feel like changing sponsors, do it now, before PD is current. Once PD is current, you really should stay put, or you risk having no sponsor for your interview.

AOS: if you've waited until PD is current, and still wish to change employers, switch to AOS. chances are you will get your GC before six months, after which you will have to stay at employer for a good year.

As you see, you have competing intersts: you ant your GC, of coure, but you also seem to want to change employers. It would seem the safest way to do that would be to have the new employer file PERM/I-140 as soon as possible! Then when PD is current, if you don't have 2nd I-140 approval, switch to AOS and file I-485. if you do have I-140 approval, stay on CP.
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Jaspal
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Post by Jaspal »

Thank you Nelson. I had forgotten that I-485 need not wait approval of I-140. Also, as you mentioned earlier, PD is not lost by a new filing PERM/I-140.

When PD becomes current, and you are ready, does one has to do something to make a choice between CP and AOS, or just do whichever you prefer?
nelsona
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Post by nelsona »

Changing from CP to AOS is not a problem. Changing the other way requires a form and is usually complicated.
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worryfreeinvestor
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Post by worryfreeinvestor »

Canadian citizen currently with H1-B and plan to change jobs, but the new job may not be close enough in description to current one to "port" H1-B. Do I have to wait one year before applying for new H1-B? In that case, I suppose I suppose I'd best go back to TN-1, right?
nelsona
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Post by nelsona »

There is absolutely no requirement that the new job be anything like the old in order to 'port' or begin working as sson as the paperwork is submitted. It just needs to be H1 eligible, which is usually a slamdunk.

Where did you get that idea?!
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Luke Kolin
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Post by Luke Kolin »

I think he's confusing H1 portability with green card portability, since both were introduced in the AC21 legislation. They are different in this key respect, in that the former does not require the "same or similar" hurdle that the latter does.

Cheers!

Luke
nelsona
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Post by nelsona »

The lost Luke has returned!!!

Good to hear from you.
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Jaspal
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Post by Jaspal »

H1B, I-140 approved, I-485 is waiting for PD to be current. In case of a job change, will the original PD be effected, if there is a gap between leaving the first job and PERM application by the new employer
nelsona
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Post by nelsona »

Since you have not submitted I-485 for 180 days, there is an urgency to file perm and I-140 BEFORE previous sponsor withdraws or substitutes another for your I-140.

If you submit your second I-140 before previous one is cancelled, then your PD will remain the same.

So, it is not the gap in employment that is crucial, but rather the need to get things done quickly before your old sponsor 'gets mad'.
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Jaspal
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Post by Jaspal »

Thanks Nelson. What if the old employer does nothing to cancel. I mean, there may be no substitution. Or, the employer HAS TO cancel if sponsored empoyee decides to leave.
nelsona
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Post by nelsona »

He does not have to cancel.

If it remains unused, unrevoked and unsubstituted, you can use the PD.
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