AC21 - 180 days - concerns - urgent...please help me!!!

D

Dhinchek

Registered Users (C)
Hello ginnu and other experts:

I am in this situation and I need your expert advice and guidance

I applied my 485 on 6/4/2007 (This is my RD, so RD + 180 = DEC 01, 2007) along with EAD and AP. 140 is approved already. I received my EAD and AP last week

Now, my company announced today that there will be reduction in force (layoffs). Since I need employment until Dec 01, 2007, I explained my situation to my boss. Later today, he assured me, he will consider my case and allow employment until Nov 30 (Friday and dec 01, my 180th day is saturday). I want to be on EAD so I can travel with AP as I do not have H1 - stamping and do not want to take risks anymore...

I have few concerns:

1. If I take up a new employment (similar or same job profile) on or after Dec 03 (182nd day) and invoke AC21, will I be fine? Do I have to file AC21 as soon as or before I join the new company or I can do it after I join the new company?

2. Do I have to have job immediately after Dec 01, 2007? What if I find a job say after a month Jan 10, 2007? Is gaps in employment allowed on EAD?

3. If my employer cancels 140 and my H1-B (I don't think he will), will I be OK? Should I move to EAD before 30th November from H1-B so I am in status even if he cancels H1-B?

4. In case USCIS sends RFE for Employment verification and I do not have a job. My friend has a consulting company. can I take the offer letter and file AC21 after RFE is issued? I may not work with this company (A) as he cannot pay me but since I have EAD can I work with other company (B). will there be issues later on???? Do I have to file another AC21 for company B

I know I am asking too many questions...I am really confused and anxious too.
experts...please help me with all these concerns

Thanks a million in advance - I really really appreciate your advice...
 
Dhinchek said:
1. If I take up a new employment (similar or same job profile) on or after Dec 03 (182nd day) and invoke AC21, will I be fine? Do I have to file AC21 as soon as or before I join the new company or I can do it after I join the new company?
Click to expand...

You are under no requirement to file for AC21 at any point, so yes, you are fine.

Do I have to have job immediately after Dec 01, 2007? What if I find a job say after a month Jan 10, 2007? Is gaps in employment allowed on EAD?
Click to expand...

You only need a job when your I-485 is adjudicated. There is no requirement that you be continuously employed on an EAD.

If my employer cancels 140 and my H1-B (I don't think he will), will I be OK?
Click to expand...

If the I-140 is revoked, you will get a Notice of Intent to Deny (NOID) and you have 30 days to respond with evidence of a new same or similar job.

Should I move to EAD before 30th November from H1-B so I am in status even if he cancels H1-B?
Click to expand...

Your pending I-485 automatically keeps you in status if the H-1 is canceled.

In case USCIS sends RFE for Employment verification and I do not have a job. My friend has a consulting company. can I take the offer letter and file AC21 after RFE is issued? I may not work with this company (A) as he cannot pay me but since I have EAD can I work with other company (B). will there be issues later on???? Do I have to file another AC21 for company B
Click to expand...

Here you are getting onto very thin ice. You should focus all your energies on obtaining a new, stable legitimate job.
 
TheRealCanadian said:
If the I-140 is revoked, you will get a Notice of Intent to Deny (NOID) and you have 30 days to respond with evidence of a new same or similar job.
Click to expand...

Hi Realcanadian...
Thanks for your advice -

But if I have invoked AC21 and 180 days have passed, can they still issue NOID, am I not protected by AC21?

Thanks again
 
Dhinchek,

Based on my discussion with an immigration lawyer, if you have an approved I-140, your new job is in similar profession and after 180 days have passed since your RD for I-485, you are safe.

Employer can revoke an I-40 after I80 days, in a perfect world, there should no effect on you.

Now, this is where things get little complicated, there has been some cases where the Immigration Officers did not know this rule, and they ended up rejecting I-485 as there was no approved I-140 to back this up. But chances of this happening with you are very slim.

One thing I do want to point out though is that be very careful when you are counting the number of days towards AC21. RD is the date when USCIS receives your I-485 application NOT the date when you FILE your I-485. It is the date which is mentioned on your case status page when you search for your case using receipt number on uscis website. So if you are already doing it, you should be good.

Thanks,
WaitingforgCard
 
Dhinchek said:
But if I have invoked AC21 and 180 days have passed, can they still issue NOID, am I not protected by AC21?
Click to expand...

Absolutely; and they must issue the NOID, since they have evidence that indicates you are not eligible for Permanent Residency. AC21 allows you to respond to the NOID with evidence of the new job offer.
 
Hi

Are you saying that the counting for AC21 is from "Received Date" or "Notice Date"? Because I thought it is from "Received Date"... I just searched the USCIS website and the RD is not on there. The ND is...

"On September 5, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. ... etc."
 
Thank you. And that proper date would be the RD (7/30/2007 for me) or the ND (9/5/2007 for me)? Which one do I start counting the 180 days from?

... please say RD :confused:
 
RD clarification

waitingforgcard said:
Dhinchek,

Based on my discussion with an immigration lawyer, if you have an approved I-140, your new job is in similar profession and after 180 days have passed since your RD for I-485, you are safe.

Employer can revoke an I-40 after I80 days, in a perfect world, there should no effect on you.

Now, this is where things get little complicated, there has been some cases where the Immigration Officers did not know this rule, and they ended up rejecting I-485 as there was no approved I-140 to back this up. But chances of this happening with you are very slim.

One thing I do want to point out though is that be very careful when you are counting the number of days towards AC21. RD is the date when USCIS receives your I-485 application NOT the date when you FILE your I-485. It is the date which is mentioned on your case status page when you search for your case using receipt number on uscis website. So if you are already doing it, you should be good.

Thanks,
WaitingforgCard
Click to expand...

Thanks for your response -
my RD as mentioned in the 485 receipt is june 04, 2007. I am counting 180 from this date, which is dec. 01, 2007. Is this correct that we have to count 180 days after RD and not notice date (ND)?

My Notice date = june 07, 2007. Even if i count from ND, my 180 days end on dec 05, 2007. I can put my joining date for new employment under AC21 after dec 05, 2007.

Would that suffice the condition?

Thanks
 
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