AC21 - leaving the country while changing jobs

[coolsk007]

I am currently working for a company which sponsored by H1 & GC. I have to leave this job because I need to go to India for 3 months & the company doesnt allow that. I am on H1B-AOS status with both I-140 approved & I-485 filed in 2007. My EAD expires in 2010 & AP is filed for renewal.

I have few questions:

* While one can stay within USA without a job during AOS status, is there any problem while leaving/re-entering US without a job during AOS status? I will have a valid EAD & AP but no job at the time of entry. Do I need to secure a new job before re-entering?

* Per AC21, my current GC/I-485 application, filed by current employer, is not affected. But what happens if my EAD expires before I485 is adjudicated? How can I renew my EAD/AP after leaving the current employer?

* After receiving a GC, one can't leave the GC sponsoring employer for 6 months to show intent of permanent employment. Does it still apply if I will be working for an employer other than the GC sponsoring employer.

* You have consistenly recommended maintaining H1B status during AC21. Given that I will have 3 months of gap in employment & I will be out of country, what are my options to maintain H1B?

* My current H1B visa completes 6 years in 2010. Can my new employer file for 1 year extensions of H1B even though GC was filed by old employer?

Thanks

 

[ginnu]

I am currently working for a company which sponsored by H1 & GC. I have to leave this job because I need to go to India for 3 months & the company doesnt allow that. I am on H1B-AOS status with both I-140 approved & I-485 filed in 2007. My EAD expires in 2010 & AP is filed for renewal.

I have few questions:

* While one can stay within USA without a job during AOS status, is there any problem while leaving/re-entering US without a job during AOS status? I will have a valid EAD & AP but no job at the time of entry. Do I need to secure a new job before re-entering?
---------------------------better have job before you go out and keep the new employer letter ans show only if asked at POE
* Per AC21, my current GC/I-485 application, filed by current employer, is not affected.
But what happens if my EAD expires before I485 is adjudicated?
---------------------EAD ,AP are based on YOUR pending I-485. I-485 is not employer Petition. I-485 is your Petition. You can directly file EAD or can take help of new company lawyer to file your EAD. You need valid EAD for work if you dont have Valid EAD or Valid H1 status you cant work. File New EAD on time (it takes 2-3 months)
How can I renew my EAD/AP after leaving the current employer?
------------------- you need I-485 filing reciept, Form I-765, Fee, Photographs for EAD. you need to fill form I-131 for AP, Fee and Photo. you can directly file EAD or AP.

* After receiving a GC, one can't leave the GC sponsoring employer for 6 months to show intent of permanent employment. Does it still apply if I will be working for an employer other than the GC sponsoring employer.
----------------------- if you are eligible for AC21 and join new employer then you invoke AC21 with your Pending I-485 then your I-485 will be approved on the base of new employer job offer letter and you need to work with New employer after getting GC.
* You have consistenly recommended maintaining H1B status during AC21. Given that I will have 3 months of gap in employment & I will be out of country, what are my options to maintain H1B?
----------------------- if your new employer file H1 transfer then once H1 gets approved then you can be on H1. FYI at this time new employer may not file H1 transfer.
* My current H1B visa completes 6 years in 2010. Can my new employer file for 1 year extensions of H1B even though GC was filed by old employer?
------------------------------yes they can.
Thanks

you did not post if I-485 pending more than I-485 days.
You did not post if I-140 is approved or not. you did not post the validity of your present EAD.

FYI the present employer cant force you not to take leave.

 

[coolsk007]

Hi Ginnu,

Thanks for your detailed reply. It was very informative & helpful.

My I140 is approved in 2007 and I485 was also filed in 2007 (almost 2 years old). Current EAD expires in Oct 2010.

I agree that finding a new job before leaving is ideal - but in these times its tough enough to find a job and even tougher is to find a job with a company ready to wait 3 months. That is why I asked if, like H1, it is required to have a job at hand on EAD/AOS.

If it is at the discretion of the officer at POE, how often does it happen that they will ask these details for someone travelling on AP. Last 2 times I travelled on AP, the visa officer just sent me to secondary check waiting area & I got my AP stamped without any questioning.

Thanks

 

[ginnu]

Hi Ginnu,

Thanks for your detailed reply. It was very informative & helpful.

My I140 is approved in 2007 and I485 was also filed in 2007 (almost 2 years old). Current EAD expires in Oct 2010.

I agree that finding a new job before leaving is ideal - but in these times its tough enough to find a job and even tougher is to find a job with a company ready to wait 3 months. That is why I asked if, like H1, it is required to have a job at hand on EAD/AOS.
-----------------------one can be witout job for few months once I-485 is pending.Looking at the trend how the USCIS is rejecting H1 extensions and H1 transfers anything can happen.

If it is at the discretion of the officer at POE, how often does it happen that they will ask these details for someone travelling on AP. Last 2 times I travelled on AP, the visa officer just sent me to secondary check waiting area & I got my AP stamped without any questioning.

------------------- I cant comment regarding POE. others may post or talk to good Lawyer.
If it is not a emergency situation that you want to go out of US then find new employer join him and then go out or stick to your present employer and when present employer is ready to approve your vacations then go out.
Thanks

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