AC21 Rule

[vansuram]

Hello,

I have some questions .. I am not sure in which forum to post. So I am posting this message in two forums

I have concurrently filed for I485/I140. My I140 has been approved and it has been more than 180 days since my application was filed . My six year H1-b limit ends in Jan 2004 . So here are my questions

1) Is it advisable to switch jobs ? My currently company says that they will not renew my H1-b since I will have a valid EAD & AP and they said they will keep renewing my EAD & AP every year till I get my gC.is that okay or do I need to pursue them in renewing my H1-b's

2) If I do switch my job , and my h1-b is not renewed but my ead is valid, is that going to be a problem. I dont need to tell INS that I have a new employr unless I m asked for ..Is that correct?

3) Now my most impoprtant question .. If I do switchjobs and my H1-b is not renewed, and I have a valid EAD, Can I switch to consular prcessing by filing I865 ..

Please let me know

Thanks a lot in advance

Suresh

 

[ginnu]

I have some questions.. I am not sure in which forum to post. So I am posting this message in two forums

I have concurrently filed for I485/I140. My I140 has been approved and it has been more than 180 days since my application was filed. My six year H1-b limit ends in Jan 2004. So here are my questions

1) Is it advisable to switch jobs?
------- You can switch Job according to August 4 MEMO and can use AC21 (still final regulations are not published)
My currently company says that they will not renew my H1-b since I will have a valid EAD & AP and they said they will keep renewing my EAD & AP every year till I get my gC.is that okay or do I need to pursue them in renewing my H1-b's
------ your employer is OK in saying that they will renew your EAD, AP. But in your interest the H1 Extension is better request them to file 7th year H1 extension, because you can join any company by H1 transfer or EAD if you have valid H1 you have choice to use EAD or join new employer with H1 transfer

2) If I do switch my job , and my h1-b is not renewed but my ead is valid, is that going to be a problem.
----- you can join the new employer with valid EAD, always send EAD renewal 5 months advance from date of expiry in EAD. You can directly file EAD, no involvement of any employer. If I have to change job I will file 7th year H1 extension on the base of I-485 pending through new employer ( you need the copies of I-140 filing receipt Or I-140 approval notice or I-485 filling receipt)
I don’t need to tell INS that I have a new employer unless I m asked for ..Is that correct?
------ Partly correct, You can inform to avoid any RFE and many lawyer prefer to get RFE and then reply RFE because they know what BCIS is asking in RFE
3) Now my most important question.. If I do switch jobs and my H1-b is not renewed, and I have a valid EAD, Can I switch to consular processing by filing I865 ..
------ what is this I865?
** Please rephrase your question3 I did not understand your concern. Your EAD is based on AOS or I-485 filing, and if you switch to CP then you have to abandon I-485 and EAD will not be valid as EAD is provided to those who have I-485 pending or AOS pending, they day you shift to CP by I-824, your EAD, AP all will be no base and with CP no AC21 or I-180 days I-485 pending rule. For CP you will need the letter from the Original Sponsor who filed I-140 if he does not give you letter at the time when you go for CP interview you will NOT get immigrant visa.
Better change the employer with H1 transfer, you are eligible to file 7th year H1 extension. If more confusion go to good lawyer who is expert in AC21( I don’t think anybody is AC21 expert as all the info we get is based on INS/BCIS Memo for AC21, still no final regulations)