AC21 and spouse working question

W

weiqunl

Registered Users (C)
Hello,

If I am laid off and plan to use AC21 to find a new employer while my I485 is pending, will my wife be able to work for any company?

She is also I485 pending and studying at a university right now. The school asks the students to find intern jobs during summer vacation. (Note that she doesn't hold student visa. She has valid EAD though.)

Appreciate any advice!
 
So what's this AC21 all about? Are you saying I can work for any company after my I485 has been filed?
 
AC21

Per AC21 You are free to change employer so long as it has been 180 days from filing 485 and your new job will have to be same or similar to your old job.

If you are laid off after 6 months of filing 485, both you and your wife can work for any employer.
 
Questions:
1) Does AC21 only apply to H-1B visa holders? I am a L1 visa holder. Can I use AC21 as well?
2) AC21 doesn't address the question whether or not the spouse can work while the main applicant is searching/working for a second company? Any ideas?
 
your spouse is a GC applicant. Any GC applicant in I485 stage can work for anybody using EAD (and travel using AP). It is in the Green Card pending rules. It is stupid to think that she also have to work for the same company you work for. Read up and learn.
 
Any GC applicant in I485 stage can work for anybody using EAD (and travel using AP).
Click to expand...

Are you sure? If that's the case, why there are so many people in this forum discussing about AC21, switching employers after being laid off, etc.?

It is in the Green Card pending rules.
Click to expand...
Could you please point me to the rules?

Thanks for the advice, jaxen!
 
Ok learn about the difference betweenn employment based applicants and derivative GC applicants. You can find the answers if you spend some time reading up the various forums here or search the INS website. This is well documented and obvious information which can be found in many public forums.
Start from
http://www.immigration.gov/graphics/lawsregs/index.htm
 
jaxen, you are not helping at all. I've read many threads in this and other forums and it's you that confused me - everybody was discussing whether it is legal to work for another employer after being laid off while I485 is pending. You said it's ok to work for ANY company.

I wasn't worrying about myself at all and my original question was about my wife.

Again, thanks for your "high level" advice and appreciate any detailed direction.
 
Pls refer back to your question:

AC21 and spouse working question
Hello,

If I am laid off and plan to use AC21 to find a new employer while my I485 is pending, will my wife be able to work for any company?

..............I had earlier mentioned that by AC21 law you can change your employer AFTER 180 calendar days.
As soon as EAD arrives, your wife is free to work with any employer assuming that she was not working on H1/L1 prior to receiving EAD. My wife was not working and is now working after she received her EAD and she also changed to another employer later on.
I used my attorney's advice and for a very large extent application of my common sense in the absence of detailed policy guidelines of AC21 and its application which is long overdue from INS.

She is also I485 pending and studying at a university right now. The school asks the students to find intern jobs during summer vacation. (Note that she doesn't hold student visa. She has valid EAD though.)

..........If you are allowed to change employer after 180 days why not your wife? In fact your wife can always change/work for any employer after receipt of EAD. But if you are laid off before 6 months of 485 filing, then since you can not use portability, so does your wife.
Your wife needs to submit a copy of the EAD with the University and that should suffice.
Appreciate any advice!

The BIG benefit of AC21 law is the ability to change employer AFTER 180 days. And here we refer to the Main employment based 485 applicant. Don't lose sight of that. You seem to refer this as "if you are laid off after filing for 485". That is not true. It should be after 180 days of filing.
To tell you the truth, I am not confused and agree with Jaxen and many others on this AC21 thread.
If you still not sure about what could be the possible outcome to your question, get something in writing from your attorney or via INS office. Call them and talk to them and post your response. This way you can get an absolute answer to your question.

As to your question about why people still discuss about AC21, it is very subjective. Every individual who reads the AC21 law can interpret this differently and bound to have questions and that is precisely why we have forum.
I use this forum as a guide and not as a gospel. And more so you can also get some real life experience on this forum.
I hope this helps!
 
Thanks Chicago4U! That's what I call real help!

Actually right now my only concern is whether AC21 can apply to L1 visa holders because I was holding a L1 visa and now it's expired and I am depending on I485 now.

AC21 seems only to apply to H1-B visa holders. Can I use it to change employer after 180 days?

Thanks!
 
AC21 would only apply for H1. At least in spirit if you read the Memo issued by INS.

If your L1 visa has already expired, then you may not be able to advantage from AC21.

What you could do would be to continue to work for your company even if it has to be away from US. This way your 485 can be continued to be processed. But if you are laid off, really not a lot you could do.
 
Seems like my wife and I should just wait and hope we don't get any RFE or interviews and get approved.
 
so you need somebody to explain to you nicely. Did you read the AC21 june memo? (chicago?)
all eb applicants are eligible for ac21 portability! of course it is not relevant in a spouse's case....
Even if you are L1, your spouse can take any job while on EAD!!
There used to be a link in ins.gov (I used the advanced search) to find all the regulations about GC. you should be able to do the same in immigration.gov
Since I have not used any "perceived insults" in this response, I hope U will see the light..
 
Hey, jaxen Thanks! Yes, I need some help nicely :)

Ok, I'll read the AC21 june memo.

Thanks again!
 
You must log in or register to reply here.
Top