Further questions on AC21

Question details

I got laid off from work from my present employer on October 31, 2008 and I have 3 questions.

Presently, my employer has sponsored both my H1B (completed initial period of 6 years) and Green Card (EB-2, with priority date 2006). I have filled my I-485 in July 2007 and is currently pending. My I-140 has been approved 2 years ago and my employer promised that he will not revoke it. I have approved EAD & AP both for the primary and dependent.

ANSWER

Quote:

 I would like to be on my H1B even with the new employer. To my knowledge we should file a new H1B within a month but due to the market situation if I have to get on to EAD then can I get back to H1B? If yes then with in how many days should I apply for H1B?

Ans. If you do go on EAD, you can get back on H-1 provided you are willing to get a visa stamp from outside USA. There is no limit on the number of days.

I also think you can try filing for an H-1 transfer and ask to be "forgiven" the 30 days gap in the H-1 transfer.

Further, per Yates memo (posted above in another note on AC21), even if the employer revokes I-140, you still keep your right to AC21.

Quote:

If I move from VA to MD the prevailing wages is changing. So should we file for a new LC?

Ans. No. That is the whole point of AC21. You should not have to file a new labor certification or green card as long as the job and salaries are similar.

Quote:

Within how many days should I file for AC21?

Ans. No limit. But in my view, ASAP.

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