AC21 and EAD

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ConcurrentFiler

Registered Users (C)
I moved from my sponsoring company to new company on AC21 last year and since then I've been working for new company on EAD.

During working for new company I got interview from local detroit office and at the interview I gave new company's support letter under similar job designation. Now I'm waiting for VISA number. Im on EB3 with PD Mar 2002.

Now my job is under threat.

1. Can I move to another company on EAD without informing local CIS office?

2. Is it required by law to inform local CIS office with another letter of support?

3. What if I dont inform CIS office and then my current employer withdraws support? Will I or my attorney get notice and be given opportunity to file another letter of support from my future company? Or do they just reject case?

You input will be valuable.

Thanks,
 
ConcurrentFiler said:
I moved from my sponsoring company to new company on AC21 last year and since then I've been working for new company on EAD.

During working for new company I got interview from local detroit office and at the interview I gave new company's support letter under similar job designation. Now I'm waiting for VISA number. Im on EB3 with PD Mar 2002.

Now my job is under threat.

1. Can I move to another company on EAD without informing local CIS office?
------------- you can move with EAD and EAD has nothing to do with informing CIS. for AC21 better send new employer job offer letter so that I-485 gets approved on Latest job offer letter
2. Is it required by law to inform local CIS office with another letter of support?
------------it is"expected" I prefer to inform
3. What if I dont inform CIS office and then my current employer withdraws support?
-----------you may get NOID or I-485 denied as no job offer for pending I-485
Will I or my attorney get notice and be given opportunity to file another letter of support from my future company?
-----------they can send NOID or can deny
Or do they just reject case?
--------------why to take chance and why not to Update CIS with new job offer letter BEFORE I-485 gets approved

You input will be valuable.

Thanks,
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http://www.murthy.com/news/n_risres.html
 
Ginnu thanks.

I'm not sure why you mean by my "485 denied as no job offer for pending I-485".

When I attended the interview last year I did submit job offer letter of my current employer. Don't they approve based on job letter they have on hand?
Just curious.

Also doesn't AC21 protect me from changing employers? And my I-140 was approved in 2003 and so any employer would lose "right" to withdraw my application. Even if my current employer informs CIS, under AC21 protection, in the worst scenario the office might send me RFE to prove that I'm currently employed.

My only worry is that i will have about 20-30% hike in salary than mentioned on labor/I-140.

Thanks for your input.
 
ConcurrentFiler said:
Ginnu thanks.

I'm not sure why you mean by my "485 denied as no job offer for pending I-485".
------------- it was for the job offfer letter that you gave at the time of Interview, if that employer writes to USCUS that they withdraw the job offer then on what base your I-485 can be approved??? you need Job offer at the time of I-485 approval and you just attended interview and Interview is NOT approval
When I attended the interview last year I did submit job offer letter of my current employer. Don't they approve based on job letter they have on hand?
----------if that employer sends letter that he withdraw the job offer then what job offer you will be having? you went to attend interview and to invoke AC21 you gave the letter of B to invoke AC21 and if B sends letter that they dont have job offer or wthdraw the job offer then your I-485 will not be having any job offer. you need job offer at the time of I-485 approval.
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ConcurrentFiler said:
My wife and I are on EAD. If our 485 is rejected, will we be able to file for H1b and be on legal status.
---NO as you are not on H1 status, you have used EAD and invalidated H1 status
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Wow, thats scary that I can't apply for H1 again. My wife as a dependant, can she apply for H1, after my 485 is rejected?

Thanks Ginnu for your suggestion. I'm going to invoke AC21 again with new job offer letter. Once I submit NEW job offer letter, what are the chances of my case getting rejected, considering my salary on I-140 is 45k and I'm offered 90k?

Are there any downsides for revoking AC21 again? Btw, the current employer do not have my I-485 Receipt number, can they still call with my last name? Anyways it doesnt matter as I'll be sending the new job offer letter.

Thanks again.
 
ConcurrentFiler said:
Wow, thats scary that I can't apply for H1 again. My wife as a dependant, can she apply for H1, after my 485 is rejected?
----------- why do you think I-485 will get rejected????
Thanks Ginnu for your suggestion. I'm going to invoke AC21 again with new job offer letter. Once I submit NEW job offer letter, what are the chances of my case getting rejected, considering my salary on I-140 is 45k and I'm offered 90k?
------------------ I have not seen any AC21 case rejected on basis of salary
Are there any downsides for revoking AC21 again?
----------no a problem.take the help of lawyer or send new employer job offer letter to CIS office where file is pending, write your
Btw, the current employer do not have my I-485 Receipt number, can they still call with my last name?
------------ I dont think they will do it.without I-485 reciept# or A# the info cant be matched with pending file and USCIS dont take the call
Anyways it doesnt matter as I'll be sending the new job offer letter.
---------- just send and keep the copy of each document that you send (you can take the help of your lawyer or New company Lawyer)
Thanks again.
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