well that post if not very clear if situation is like following
AP1 - Valid until Apr 2006
An AOS person enters US in Jan 2006 using above AP1 and then applies for new AP2[ie renewal] in Jan 2006. Now if this person has to leave US in Jan 2006 when AP2 is pending, will he/she allowed to...
from ur post it looks like your 485 RD is Jan 2005 and your quit ur 140 sponsor in Sep 2005. If this is correct then i believe your case is safe. uscis denied your 485 only because 140 was revoked.
now, you submit a MTR along with AC-21 letter from new employer showing that you work for them...
why wouldn't dates matter? consider a case where AP renewal is filed very late and urgent foreign travel is needed. if your form and covering letter has this information of intended travel date I 'believe' it should matter in the case decision.
u graduated in aug but after that u had OPT for 1 yr right? If yes u r fine, only things which is scaring u is you lost that OPT which is not a big deal at all. even if you dont have case # of OPT your school must be having record of it.
send a covering letter letter to service center where 485 is pending along with a front and back copy of wrong ead. in your letter you can mention urgency of this ead.
Ummm...dosent AC-21 allows anybody to work for somebody else [other than 140 sponsor] after 180 days from RD of 485 provided 140 is approved and new job is same/similar?
where does it say AC-21 applies only once I-485 is approved?
AP Question
My wifes AP is valid until Apr 2006 but she is currently in India. I'm aware that to apply for her AP renewal she has to be physically present in US. Lets assume she comes to US in Jan 2006 and applies for AP renewal.
Does she have to wait in US until the new AP is approved OR...
assume that u r full time student and get rfe for 485 asking for proof of employment, what r u going to do? if u dont reply in 3 months to this rfe ur 485 will be considered abandoned.
also since 485 is pending you wont get F1. you need to cancel 485 to apply for any new us visa. hope this...
well, as soon as ur 485 is denied EAD is also automatically denied & is invalid. I believe that at present if u r working on EAD its illegal.
I suggest you stop working, consult an attorney to file MTR ASAP. Good Luck.
employer can claim anything they want but it wont have any value in court of law if you defend yourself properly. I believe asking somebody to sign a contract like the poster is explotation of an alien which can be prooved in court if push comes to shelve.
Your 485 is denied "only because of 140 revokation". I dont think it has anything to do with AC-21.
I assume your 140 was not revoked when u filed for AC-21. File a MTR stating you have used AC-21 after 180 days of 485 which is allowed by AC-21 law. I think u should be fine. Good Luck.
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