Need some info with AC-21 and EAD

[vivek_vivek]

Hello Everyone ,

I need some info regarding AC-21 process and EAD . I'd really appreciate .

I recently got laid off from my company .

My AOS ( I485 ) was filed in July 2007 . So its been pending for more than 180 days .

I have an EAD at the present moment ( recently got it renewed ) .

Currently I don't have a job .

What steps should I take at this moment so that my AOS process doesn't get affected ?

Since the AOS process was filed by my previous company's lawyers , what should I do so that the future communications from USCIS comes to me directly and not to my previous company's lawyers ?

I am just worried about my AOS process since I don't have a job right now ?

How long can I go without a job without having my AOS process getting affected ?

I am planning to do AC-21 once I find a new project .

But what to do in the meantime , in the time I don't have a job ?

Please advice . I'd really appreciate .

Thanks ,
Vivek .

[ginnu]

Originally Posted by vivek_vivek

Hello Everyone ,

I need some info regarding AC-21 process and EAD . I'd really appreciate .

I recently got laid off from my company .
-------- are you on H1 or used EAD
My AOS ( I485 ) was filed in July 2007 . So its been pending for more than 180 days .

I have an EAD at the present moment ( recently got it renewed ) .

Currently I don't have a job .
-----------------one can be without job for some time when I-485 is pending.
What steps should I take at this moment so that my AOS process doesn't get affected ?
------------------- If I-140 is approved then you are eligible for AC21, find new employer
Since the AOS process was filed by my previous company's lawyers , what should I do so that the future communications from USCIS comes to me directly and not to my previous company's lawyers ?
-------------------------Revoke the form G28 filed by lawyer XYZ for all your petitions by sending letter to USCIS service center, write your name, A#, DOB I-485 reciept # attach copy of I-485 filing reciept and make a request to revoke the G28 send by lawyer XYZ as He/she no more represents you make request to USCIS to send any communication in future directly to you on your address………….. Sign the letter with date (make the copy of letter and keep with you) send the letter to USCIS service center with certified return receipt and out side the envelope write in big bold letters REQUEST TO REVOKE FORM G-28 sent by Lawyer with pending I-485
I am just worried about my AOS process since I don't have a job right now ?

How long can I go without a job without having my AOS process getting affected ?

I am planning to do AC-21 once I find a new project .
--------------------------------when find employer you will need letter of permanent job offer with same/similar job duties to invoke AC21
But what to do in the meantime , in the time I don't have a job ?
-----------------find new employer
Please advice . I'd really appreciate .

Thanks ,
Vivek .

-----------

[vivek_vivek]

Thank you so much for your reply . I really appreciate it . Its very helpful .

I have an approved I-140 .

I was working on H1b when I got laid off . Is it true that once you use your EAD , you cannot go back to your H1b ?

My H1b is valid until October 2009 .

I think first thing I need to do is send a letter to USCIS regarding G28 form .

Next thing , I guess find a job .

Since my I-485 has been pending for more than 180 days , do I really need a lawyer to represent me for I-485 process ?

What happens when the RFE comes ?

How long one can normally go without a job with I-485 pending for more than 180 days ?


Thanks ,
Vivek .

[ginnu]

Originally Posted by vivek_vivek

Thank you so much for your reply . I really appreciate it . Its very helpful .

I have an approved I-140 .

I was working on H1b when I got laid off . Is it true that once you use your EAD , you cannot go back to your H1b ?
------------------- if your new employer file H1 transfer then you are on H1 status if USCIS approve H1. if you use EAD and you got H1 approval notice and have valid Visa stamp then you can go out and Enter US on H1 status and get H1 status I-94 at POE (even if you used EAD)
My H1b is valid until October 2009 .

I think first thing I need to do is send a letter to USCIS regarding G28 form .
---------Do that
Next thing , I guess find a job .

Since my I-485 has been pending for more than 180 days , do I really need a lawyer to represent me for I-485 process ?
-----------------all depends on you. you dont need Lawyer just to revoke G28 filed by past company lawyer.

What happens when the RFE comes ?
---------------depends what is asked in RFE? if the USCIS ask any missing document you can send them.

How long one can normally go without a job with I-485 pending for more than 180 days ?
-------------it is better to find employer ASAP. Pending I-485 is for FUTURE job and at the time of I-485 approval you need to have permanent job offer . I-485 cant be approved if you dont have permanent job offer. in your case once you join new employer then invoke AC21 with pending I-485.

Thanks ,
Vivek .

--------------------

[vivek_vivek]

Thanks so much again .

Regarding AC-21 , is it mandatory to invoke it when you change employer ?

I mean what if I just dont tell the USCIS that I got a new employer .

[ginnu]

Originally Posted by vivek_vivek

Thanks so much again .

Regarding AC-21 , is it mandatory to invoke it when you change employer ?
-------------------- it is better to invoke AC21 when change employer

I mean what if I just dont tell the USCIS that I got a new employer .

----if you dont inform USCIS and invoke AC21 then at this time USCIS is sending NOID or Denial notice and you will pay more fee to lawyer if you get NOID or denial notice . it is better to invoke AC21 when find new job/ find new employer.

---------- I dont know why you dont want to invoke AC21.
*for more info talk to your lawyer.