Joined Company A on 10/2003 on non immigrant visa - H1B Approved
Company A filed Employment based Green Card using Pre Approved Labor with PD 11/07/2000. I:140 Filed on 12/19/2003 using substitute labour with PD 11/07/2000 -- I-140 Approved on July 20, 2004.
I-485 Filed on Feb 26, 2004. AP/EAD approved. While I was with Company A, my I-140 got approved and my I-485 was pending more than 181 days.
Spoke with HR of company B and they told me that I can work on EAD (AC21). On 10/2004 left Company A and joined Company B using EAD with I-485 Pending (lost non-immigrant status).
Travelled to India and returned to USA using AP (US Departure Date:02/18/2005-Arrival Date:03/14/2005) while I was with company B.
As of date my I-485 is pending (3 EAD cards and AP got approved). Lost non-immigrant status on 10/2004 when I joined company B, but after my I-485 was filed on Feb 26, 2004 with a valid EAD.
Recently had interview with USCIS Charleston office. Adjudicator is telling me that I am out of status.
Have been continuosly employed (similar job as mentioed in I140). Have all the paystubs, all W2's, all tax filing etc.
I am sure that there are so many persons like me who have used EAD to work and have lost non-immigrant status. How cases like this will be adjudicated.
Company A filed Employment based Green Card using Pre Approved Labor with PD 11/07/2000. I:140 Filed on 12/19/2003 using substitute labour with PD 11/07/2000 -- I-140 Approved on July 20, 2004.
I-485 Filed on Feb 26, 2004. AP/EAD approved. While I was with Company A, my I-140 got approved and my I-485 was pending more than 181 days.
Spoke with HR of company B and they told me that I can work on EAD (AC21). On 10/2004 left Company A and joined Company B using EAD with I-485 Pending (lost non-immigrant status).
Travelled to India and returned to USA using AP (US Departure Date:02/18/2005-Arrival Date:03/14/2005) while I was with company B.
As of date my I-485 is pending (3 EAD cards and AP got approved). Lost non-immigrant status on 10/2004 when I joined company B, but after my I-485 was filed on Feb 26, 2004 with a valid EAD.
Recently had interview with USCIS Charleston office. Adjudicator is telling me that I am out of status.
Have been continuosly employed (similar job as mentioed in I140). Have all the paystubs, all W2's, all tax filing etc.
I am sure that there are so many persons like me who have used EAD to work and have lost non-immigrant status. How cases like this will be adjudicated.