AC21 question and whether it is better to stay on H1B or move on EAD?

Caller: I have been on H1b now for like last 5 years, I got my EAD recently but my priority date is October 2008 and I won’t get GC very soon, my questions is that if I switch my employer the one from which who has applied for my I-485, and start using my EAD, do I need to come back to my current employer again to get my GC?

A: No, not if you do an AC21 move, AC21 is American 21st Century Act and allows you to port the GC. it’s just recommended to just do a letter then no you don’t have to worry but do it properly. You must to have 180 days after I-485 was filed and you have to move to a same or similar position. This is where the AC21 letter becomes important. Many lawyers will tell that you don’t need to file that letter and its true, but from our experience filing that letter makes a lot easier in the future for you. We have actually done many of such letters. To answer your question – you don’t have to go back to employer A if there was a proper AC 21 portability. If it is confusing and you want to do the letter give me a call at the office at 510 742 5887 and I’ll be glad to handle it.

Caller: One more question, my peers tell me that its better that I stay on H1 rather then using my EAD.

A: No, it doesn’t work really this way, what happens is that there are few reasons why we ask people to keep the H1b. One of the reasons is that ultimately at a later stage if there’s a problem with your I-140, you might be able to rely on the H1B. Like this person who called earlier, the person got a mistake of denial because USCIS made a mistake you can rely on the H1B, but there also other reasons – for example if your spouse is on H4 you want to maintain the H1B.

A: However there is no recommendation to keep the H1B. Actually working on EAD allows you to freely move around, but its your choice. It is kind of a waste of money to keep the H1b. However, sometimes its good to do it if you’re not sure about your I-140 or things like that. The short answer is no – you don’t have to keep on the H1b, EAD is good enough.

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