H1 transfer, 485 already filed

[keiary]

Can anyone advise me of the H1B transfer process? I have a PD of 12/05 which I am hoping will become current soon. My 485 has been filed since 8/07, however, I am thinking about leaving my current employment. Is this possible to have it transferred without losing the beenfits of the filed 485 and what should I do. Thanks.

[txh1b]

Do you have an approved I140?

If so, H1b transfer is as usual. If the new job is in the same/similar category as your filed labor, you can avail the AC21 benefits. You need to inform USCIS that you would want to use AC21, inform them of the new employer, tell them the job is same, get a letter from the company saying that, inform USCIS that the new permanent employer is your new company.

Note that you should not frequently switch employers and work for them for atleast 6 months on AC21 to work in your favor.

[txh1b]

There is also no particular format for sending a letter advising of the change in jobs and using AC21. A letter directed to your service center processing the I485 with the A# on top of the envelop.

I, XYZ, filed my I-485 petition on DD/MM/YY and remains unadjusted for more than 180 days. My I-140 (Receipt #) was approved on YYYY X. I have accepted a new permanent employment with XYZ starting DD/MM/YY. The job title with XYZ is Software Engineer and the job is similar in nature as my previous job at <old company> and duties/responsibilities remain the same. Add your A# from 485 and any information fit to the letter and say you are using AC21.

Please refer to the List of enclosed documents as supporting information.

Documents Enclosed:

Copy of I-140 Approval Notice
Copy of I-485 Receipt Notice
Offer letter
Letter from HR saying they will be supporting your employment.

Note: Please show this to an attorney as I am not a legal professional.

[keiary]

Thanks for the response. Yes, the I-140 was already approved. Thank you so much for your advice. It is really appreciated. I will do as you suggest. I guess you are also saying that I will not have to refile the I-485. Thanks again.