AC21/EAD/H1B extension

M

march485

Registered Users (C)
Hi Experts,
I have a few quesitons rgd using AC21. I am going to be loosing my job in the next couple of days. My GC status is

LC (PD) - 08/2001
I140 (RD) - 03/2004
(AD) - 02/2005
I140 (RD) - 03/2004
STUCK IN NAME CHECK

Have approved EAD and AP (3rd ones-:)). Also I have completed my 6 years on H1B and my company had already done my extension, so my current H1b is till 2009.

- Once I loose my job if I am not working am I in illegal immigration status? I would be looking for a job but it would take anywhere between 1-2months.

- I have seen on the threads that I can use either H1B extension or EAD. It seems that EAD becomes invalid if 485 is rejected, but H1B extension does not. I don't have dependents on my H1B, my husband has his own( 7th year too) and in the worst case if my 485 is rejected, I think I can move to being his dependent(H4) right?

- Follow up to my above 2 quesitons. If I apply for H1B extension from a company A is my status legal(after I loose my job), even if I don't start working for them till my H1B gets approved? Do I need to file AC21 in this case

- If I do the above can I keep looking for a job still and if I find a better one in say company B, can I use my EAD to join?

- BTW does anyone know how much the extension fees is? Is it same as the regular H1B fees.

- Is it ok to change jobs and file multiple AC21's. Say I take up a job file AC21 and in 2 months change again and file another, would that create problems. Do you know of anyone whose done it and their 485 got approved without issues.

- THere are suggestions to wait for 2 months and then file AC21 with pay stubs, in that case in the above scenario, can I just file AC21 with second employer. What is advisable?

I lot of questions. Thanks for any information/advice you can provide.
 
march485 said:
Hi Experts,
I have a few quesitons rgd using AC21. I am going to be loosing my job in the next couple of days. My GC status is

LC (PD) - 08/2001
I140 (RD) - 03/2004
(AD) - 02/2005
I140 (RD) - 03/2004
STUCK IN NAME CHECK

Have approved EAD and AP (3rd ones-:)). Also I have completed my 6 years on H1B and my company had already done my extension, so my current H1b is till 2009.

- Once I loose my job if I am not working am I in illegal immigration status?
-------------------------NO
I would be looking for a job but it would take anywhere between 1-2months.

- I have seen on the threads that I can use either H1B extension or EAD. It seems that EAD becomes invalid if 485 is rejected, but H1B extension does not.
----------------correct
I don't have dependents on my H1B, my husband has his own( 7th year too) and in the worst case if my 485 is rejected, I think I can move to being his dependent(H4) right?
------------------ you can convert to H4 only if you are on H1 valid I-94, if you used EAD then you have to go out get H4 visa stamp based on your spouse H1
- Follow up to my above 2 quesitons. If I apply for H1B extension from a company A is my status legal(after I loose my job), even if I don't start working for them till my H1B gets approved? Do I need to file AC21 in this case
---------------------file AC21 when you get permanent job offer
- If I do the above can I keep looking for a job still and if I find a better one in say company B, can I use my EAD to join?
------------------ you can use EAD but H1 trasfer is better optionc
- BTW does anyone know how much the extension fees is? Is it same as the regular H1B fees.

- Is it ok to change jobs and file multiple AC21's. Say I take up a job file AC21 and in 2 months change again and file another, would that create problems.
--------------- you can do that

Do you know of anyone whose done it and their 485 got approved without issues.

- THere are suggestions to wait for 2 months and then file AC21 with pay stubs, in that case in the above scenario, can I just file AC21 with second employer. What is advisable?
----------yes, file AC21 anytime Before I-485 gets approved
I lot of questions. Thanks for any information/advice you can provide.
Click to expand...
 
Ginnu, thanks for replying.

What would my status be when if I lose my job? How would I be in legal status, can you add some more information?

Also can I file for H1B transfer, say 2 months after I lose my job? Would I have issues?

Thanks a lot.
 
What if I get an RFE is the time btn I'm laid off and I join a new job? Can I show an offer letter from anew company, would that help.

Also I'll be kept on the payroll at my old employer for 60 days and want to join another company after that. Basically I'm concerned on what issues I would have in those 60 days.

TIA
 
march485 said:
What if I get an RFE is the time btn I'm laid off and I join a new job? Can I show an offer letter from anew company, would that help.
--------- that depend on RFE, RFE can be for any missing document
Also I'll be kept on the payroll at my old employer for 60 days and want to join another company after that.
--- then join after that
Basically I'm concerned on what issues I would have in those 60 days.
------------ I dont understand what you want to ask. you have H1 and you are working with that employer. where is the problem?
TIA
Click to expand...
 
I am confused on when my legal status changes. The company lawyer says that the day I stop working for the company the employment ends, even if I'm still on the payroll for an additional 60 days.

So my basic question is am I safe if I find another employment by the time the 60- days end? Though I have a H1, won't it be void once my employment terminates.

Thanks
 
march485 said:
I am confused on when my legal status changes. The company lawyer says that the day I stop working for the company the employment ends, even if I'm still on the payroll for an additional 60 days.

So my basic question is am I safe if I find another employment by the time the 60- days end? Though I have a H1, won't it be void once my employment terminates.

Thanks
Click to expand...

Paystub is generally accepted document to show proof of employment. If you are on payroll (getting paid) for 60 days, then your employment ends after 60 days.

Dont confuse yourselves, just make sure you find another job asap.

What would you do if one says you are out if status from the day your current job ended? Will you pack and go? In any circumstance, the solution is same, just find another job.

You can dig deeper and deeper and find lot of problems --
If your employer terminated your, arguably your 485 is voided and you are out of status (no basis for GC because your employer does not intend to hire you).
 
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Hello Ginnu, RealCanadian,

I am exactly in the same situation as march485.

Say if on Aug1, layoff notice is given. The I would not be serving the company from that day itself though I would be on the company's payroll till Sep 30th (60 days).

My details are EB2 with a PD of Nov 2001 and 485 receipt date is Feb 2005. My case is outside of the processing time and can be processed any day. If I find a job with Company A with a join date of say, Sep 10th, what happens if there is an RFE for EVL ,say on Aug 5th, to be responded before Sep 10th? Would the offer letter from company A with the join date of Sep 10th suffice for using AC21? I would obviously not have any pay stubs to show USCIS.

I would appreciate if you can provide some comments on this.
 
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