AC-21 & Impending Layoff with < 180 days for concurrent 140/485

L

livingonthedge

Registered Users (C)
Hi,

I am looking at an impending layoff in Jan '05. Filed for Concurrent I-140/485 in Aug ‘04, will complete 180 days in Feb '05.
I have EAD and AP approved.
I am on my 7th Year of H1, which ends in August '05.

Will it be legal for me to look for work on EAD or Can work on H1 if I find a new employer?

Can anyone elaborate on my options once I get laid off?

Has anyone with similar situation used AC-21?

All ideas /opinions are welcome.

Thanks
 
Talk to your employer if you could go on a vacation or something and if they can hold off on the layoff till you cross the 180 day limit.
Once you cross the limit you could start working for another employer on EAD.
I am not sure if a 7th year H1 can be ported to another employer.
 
livingonthedge said:
Hi,

I am looking at an impending layoff in Jan '05. Filed for Concurrent I-140/485 in Aug ‘04, will complete 180 days in Feb '05.
I have EAD and AP approved.
I am on my 7th Year of H1, which ends in August '05.

Will it be legal for me to look for work on EAD or Can work on H1 if I find a new employer?

Can anyone elaborate on my options once I get laid off?

Has anyone with similar situation used AC-21?

All ideas /opinions are welcome.

Thanks
Click to expand...

after you get laid off you can transfer your H1 if your new employer is willing to sponser you.

Is your I140 approved ?? if yes then you can use AC21 after 180days if not then will your old employer still support your I140 in case of RFE etc..??
 
AC-21 & Impending Layoff with < 180 days for concurrent 140/485 --Update.

Hi,

Thanks for your replies.

The employer has extended my employment through end of March , which ensures that I cross the 180 day limit.
Also they have replied to my queries on supporting the 1-140 past 180 day mark, including answering of RFE's, in written saying that they will not revoke I-140 and will support my I-140 by answering any queries to ensure it gets approved.

Assuming I still don't have my I-140 approved till the end of march, can I use AC21 and start work on EAD in a similar position with a different company?
I know NSC is explicit about 140 being approved AND 485 pending for > 180 days.
What complications does working on EAD after March bring forth without the approved I-140?

Also if anyone has done this previously, at the time of leaving my current employer , what letters(of employment or future offer letter) can I ask for(not sure if they will entertain these requests)?

If these questions have been answered in a different thread, can someone reply with those thread links.

Thanks
 
livingonthedge said:
Hi,

Thanks for your replies.

The employer has extended my employment through end of March , which ensures that I cross the 180 day limit.
Also they have replied to my queries on supporting the 1-140 past 180 day mark, including answering of RFE's, in written saying that they will not revoke I-140 and will support my I-140 by answering any queries to ensure it gets approved.

Assuming I still don't have my I-140 approved till the end of march, can I use AC21 and start work on EAD in a similar position with a different company?
I know NSC is explicit about 140 being approved AND 485 pending for > 180 days.
What complications does working on EAD after March bring forth without the approved I-140?

Also if anyone has done this previously, at the time of leaving my current employer , what letters(of employment or future offer letter) can I ask for(not sure if they will entertain these requests)?

If these questions have been answered in a different thread, can someone reply with those thread links.

Thanks
Click to expand...
I believe u want to work on EAD using AC-21. To do so ur 140 must be approved and > 180 days from RD of 485.
 
livingonthedge said:
Hi,

Thanks for your replies.

The employer has extended my employment through end of March , which ensures that I cross the 180 day limit.
Also they have replied to my queries on supporting the 1-140 past 180 day mark, including answering of RFE's, in written saying that they will not revoke I-140 and will support my I-140 by answering any queries to ensure it gets approved.

Assuming I still don't have my I-140 approved till the end of march, can I use AC21 and start work on EAD in a similar position with a different company?
I know NSC is explicit about 140 being approved AND 485 pending for > 180 days.
What complications does working on EAD after March bring forth without the approved I-140?

Also if anyone has done this previously, at the time of leaving my current employer , what letters(of employment or future offer letter) can I ask for(not sure if they will entertain these requests)?

If these questions have been answered in a different thread, can someone reply with those thread links.

Thanks
Click to expand...

1. You can work on EAD, its perfectly legal to do so.
2. Wait for I140 to be approved before u file AC21
3. Since the old company will support I140, ur GC will be a future employment based unless and untill u file AC21
4. You are safe, Relax.
 
I'm in a similar situation but the old company is not ready to support. Can I file AC-21 though I-140 is not approved but I-485 past 180 days?
 
newkidhere said:
I'm in a similar situation but the old company is not ready to support. Can I file AC-21 though I-140 is not approved but I-485 past 180 days?
Click to expand...


Its advisable not to send letter before I-140 is approved...just wait till your I 140 approved...you might get i140 without RFE. There is no point in sending AC21 letter unless you get a RFE...
 
*** said:
Its advisable not to send letter before I-140 is approved...just wait till your I 140 approved...you might get i140 without RFE. There is no point in sending AC21 letter unless you get a RFE...
Click to expand...

Hi,
i agree with you, but for my case, the only choice that i have at that time is sending AC 21 without I140 approved. my ex-employer sent out withdrawl letter around 160-170 days before I reached 180 dateline.
I got my 485 approved on 2/10/2005 without RFE or NOID.
Here, this is my experience, if you make sure that your employer won't send withdrawl letter, then don't send AC 21 letter until your 140 get approved. But, if your employer sent out withdrawl letter to INS, maybe you want to send AC 21.... correct me if i am wrong.
 
congrats

congrats painful......it is people like u who give hope to people like me !! which service center are u from ??
 
gcwantsme said:
congrats painful......it is people like u who give hope to people like me !! which service center are u from ??
Click to expand...

CSC. don't give up your hope. i have been through a lot of impossbile ways to try to get 485 approved. ( when my ex-employer withdraw my 140 before 180 days i filed 485, and my 140 was still pending at that time, then got 140 RFE.....) Think about my case, if my case can get approved, your case can make it.
 
painful140 said:
CSC. don't give up your hope. i have been through a lot of impossbile ways to try to get 485 approved. ( when my ex-employer withdraw my 140 before 180 days i filed 485, and my 140 was still pending at that time, then got 140 RFE.....) Think about my case, if my case can get approved, your case can make it.
Click to expand...
Well said, your reply gives us all a hope.
 
painful140 said:
Hi,
i agree with you, but for my case, the only choice that i have at that time is sending AC 21 without I140 approved. my ex-employer sent out withdrawl letter around 160-170 days before I reached 180 dateline.
I got my 485 approved on 2/10/2005 without RFE or NOID.
Here, this is my experience, if you make sure that your employer won't send withdrawl letter, then don't send AC 21 letter until your 140 get approved. But, if your employer sent out withdrawl letter to INS, maybe you want to send AC 21.... correct me if i am wrong.
Click to expand...
Congratulations!
Did you ever find out what USCIS sent out in regards to your I-140? or was it just your I-485 approval?
Another success story!
 
maybesomeday said:
Congratulations!
Did you ever find out what USCIS sent out in regards to your I-140? or was it just your I-485 approval?
Another success story!
Click to expand...

NO, i didn't know the detail of my 140. the online status is still showing my 140 got approved ( i even don't have original copy of 140). But, the 140 lud DID changed a week later after i got 140 approved. ( 3 times, 1/28,1/31,2/1). I called emergency number in CSC and asked what happen to my 140, and the lady told me that your 140 got revoked and the notice has been sent to your lawyer and company. ( meanwhile, my wife called twice and got the same message).
My ex-company didn't contact me at all, so i don't know the detail of 140 revoked notice.

3 weeks later, i got email about our 485s got approved without RFE. and my 485 lawyer got approved notice yesterday.
 
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