AC21 / EAD question.

[threeyearwait]

Case : 01-297-51xxx

RD: 09/20/2001
ND: 09/27/2001
FP: March 2002

Got the second EAD , valid until April, 2004.
Got laid off in January 2003,
Started a Small Business ... but now got a job offer.
All the while I was expecting the green card to get approved...

What are my options? advice....

File AC21?
apply for a third EAD ...when?
How do I explain to INS , the 7 to 8 month lapse in employment?

Also suggest some good immigration attorneys in Bay area.

-Thanks
-R

 

[niladri30]

Insufficient data.
Laid off before or after 180 days of 140 approval + I485 filing?
LATER: sorry, stupid me...looked at your ND now!

Did u work on EAD if you had no H1...meaning no violation like workin w/o authorization (business OK, but was status legal)?

You should try AC21, if you meet critera (180 days+similar occupational classifation)

There seems to be no explicit requirement in law for maintaining continuous employement while waiting for GC which is really an offer for a job in the future. You need a gutsy and smart attorney, but you should make the AC21 attempt is my guess.

Can't recommend an attorney... keep askin around. Maybe someone here will post.

 

[140_takes_4ever]

Originally posted by threeyearwait
File AC21?
apply for a third EAD ...when?
How do I explain to INS , the 7 to 8 month lapse in employment?

I would say hold off on the AC21 for a while till you can show a few paystubs, etc.

Apply for 3rd EAD atleast 90 days prior to expiry of current EAD

Don't ask don't tell. GC is for future employment NOT current, though they like to see you gainfully employed so you don't become a drain on the national exchequer. The 7 month lapse shouldn't matter as long as you have 6 paystubs when RFE'ed! In your case the longer it takes to approve the better!