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More questions on AC21, EAD, losing job, etc.

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  • Electronic I-94 Rollout on 30 April 2013
    Rajiv S. Khanna
    Beginning 30 April 2013, CBP will roll out electronic version of Form I-94, Arrival Departure Record. We recommended that all visitors print out and keep a paper copy of the Form for their records at all times. There are still important legal issues that remain unsettled, including, the proper training and education of DHS/CBP of its own officers. Note that CBP is an agency within Department of Homeland Security (DHS).

    Form I-94 is a very important document in that it determines the time and activities permitted during your stay in the USA.

    The new I-94 form:
    DHS explains in this video how to fill out the new I-94 application.
    29th April 2013, 08:26 AM
  • Laid off - Now what ???
    Rajiv S. Khanna
    The following question was raised by one of our clients at – our clients-only extranet. Note that I will be working to expand and edit this article further over the next few weeks. Regards to all. Rajiv.

    Qo. Current economy is making lot of people sleepless. We have heard about a lot of layoffs around the state and nation. Could you please explain us what are the options we have, if a person with H1-B (6year extension) EAD and I-485 pending in this situation.
    Ans. This is most certainly a very important topic and relevant for everyone. I will address the various issues raised in the relevant parts of the blog to make it possible for everyone to find the information applicable to their case.

    Effect of Lay-off on H-1 and L-1 An H-1 or L-1 holder who gets laid off can be thought to be immediately out of status. There is NO grace period, not even one day. If, however, you continue to receive your salary, it can be argued that you are still in status. How valid or go...
    30th April 2012, 11:23 AM
  • Priority date retrogression -- consequences and concerns
    Rajiv S. Khanna
    The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns. Q. What happens if my priority date (“PD”) retrogresses while my I-485 is still pending? A. There are two possibilities. First, the case is not yet ripe for adjudication (for instance, it has not been assigned to an officer or the security clearances are not yet submitted or obtained), USCIS can shelf the case and not process it any longer unt...
    24th March 2012, 12:47 AM
  • May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?
    Rajiv S. Khanna
    One of the questions I am asked quite frequently is whether or not an E-1/E-2 visa holder can apply for a green card and not jeopardize his or her E status. The answer is PROBABLY yes he can. In the E visa context, this is what the govt says: So, are they saying they will apply the same standards as given in the note below? I THINK that is what they are saying, but this is not clear. There exists in law something called the "doctrine of dual intent." This doctrine permits nonimmigrants to have immigrant intent. In other words, even though, you are coming to USA on a visa that is temporary, you may pur...
    7th March 2012, 08:08 AM
  • Employee's complaint for non-payment of salary-E-3, H-1B and Non H-1B --Updated 19 May 2009
    Rajiv S. Khanna
    Message from our community:

    Your best bet is the local State Workforce Agency for the State where you are employed. If you are not on H-1, this is the way to go. They will recover your salary. And, it does not cost you anything.

    Here is the link to the SWA's for non H-1B workers

    H-1B and E-3 workers, go here:

    To complain to ICE, go here:
    4th April 2011, 12:56 PM
  • How soon can I leave the employer after I get my GC
    Rajiv S. Khanna
    Q. How soon can I leave my petitioning employer once I get my green card approval?

    A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would...
    16th February 2011, 09:41 AM
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  • More questions on AC21, EAD, losing job, etc.

    Here is a series of questions that should be relevant for many people:

    I’ve been having a whole lot of sleepless nights trying to ascertain facts from fiction relating to AOS, job change, job loss etc. I have poured through your blogs and posts and have the following questions.
    Situation: On 5th year of H1. Single employer till date from day one of H1. Same employer has sponsored GC applications, I-140 approved, I-485 filed in Aug-07, EAD and AP approved and successfully renewed.

    1. What is the real value of CIS issuing EADs to people like me?
    a. Does this allow me in addition to the current job I have, take up ‘any’ other job using EAD?
    b. Does having an EAD permit me to work multiple jobs?
    Yes, but you will then lose H-1 status (which can be revived by reentering USA using an H-1 visa during the life of your H-1 and taking up single-employer job with the H-1 sponsoring employer – not a difficult task, usually).

    2. If due to economic situation my employer (who has sponsored GC) has to lay off people and I am let go:
    a. Am I out of status? Reading through your blogs I understand that since I-485 is pending, one is NOT out of status even if NOT working – is this correct?
    Correct. You are in authorized period of stay. That has been explained in my blog.

    b. How long can one stay without working (no job) while I-485 is pending? Will not working be seen as ‘abandoning the GC application’?
    You can stay as long as CIS does not send an RFE or a Notice of Intent to Deny requiring you to prove similar, alternate employment (AC21 portability – also explained in detail on my blog).
    c. Do we have to let CIS know that one has been laid off? If we have to do this wouldn’t CIS see that the job for which GC is being processed is no longer available and immediately terminate the I-485 application?
    There is no such obligation for the employee. If the employer informs CIS, they should send (eventually) an NOID requiring proof of employment – see the answer above.

    d. Do I lose EAD and AP?

    e. My wife is working using her EAD…will she lose her EAD?

    f. Is it possible to invoke EAD and take up similar job if one can be found? Is there a time period within which this has to be done?
    I am not sure I understand, but there is no deadline unless an RFE or an NOID is issued.

    g. Is it possible to invoke EAD and take up ‘any’ job if a ‘similar’ job is unavailable? If this route is chosen I understand that Labor Certification & I-140 may have to be re-applied, but would the priority date remain where it was originally (as obtained in original GC application) OR would priority date change to the date when new I-140 is filed?
    Since your I-140 is approved and I-485 has been pending over 180 days, you are entitled by law to change jobs to a similar position with any employer. And you do not have to start your green card all over again. This is referred to as AC21 portability – discussed in exhaustive detail on my blog. But if the jobs are not similar, you can only carry forward the PD and have start your GC all over again. Make sure you maintain H-1 status.

    • Hitham
      Hitham commented
      Editing a comment

    • cleef
      cleef commented
      Editing a comment
      Hi to every one. I have an issue with the EAD clock and I plead with every person who has or had encountered this issue before to guide me.

      My EAD clock was stopped after my Master hearing last month in Baltimore IC. I only discovered it when I called the 1 800 Immigration number. When the Court was contacted on this issue the respondent said the reason is that my attorney said he will bring more evidence. The IJ never mentioned anything about it and gave us a date for the Individual hearing one year later, we never objected the date neither did we give any proposed date or ask for whatsoever time. But the EAD clock was stopped.
      My questions are; ' can this EAD clock be restarted?
      If yes, will the past days be restored?'
      What should be done to get it restarted and to whom should the action be addressed?
      Thanks to all.

    • Suebush
      Suebush commented
      Editing a comment
      I know that you say, thank you. Your question or answer also help me.
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