AC21 Urgent

P

prasaud

Registered Users (C)
:confused: Hi All,

First I want to give a summary of my case:
EB2- pre approved labor PD: Dec 2001
I140 - Applied on Feb 2006
I140 - Approved on May 2006
EAD - Approved on July 19 2006
I485 - Applied on May 5 2006 -- waiting for approval (No LUDs no RFEs)
Fingerprinting done June 2006

Now, here is my situation: I am on bench for past one month and being paid my full salary. my employer called me today, saying that he has to take me off the payroll and hence I wont be getting paid from the next pay period

I have been monitoring the approval of cases from VERMONT SERVICE CENTER and the cases similar to mine are getting approved at this point of time. I strongly believe that I should get an RFE or an approval within next couple of weeks.

Now, my question is should I apply for AC21 and transfer my H1 to another company? or should I use my EAD and start working for another company? or should I wait for a couple of weeks for my case to get approved or get an RFE?

What would be my best option for me now?

Thanks in advance for your help. Please reply
 
go on vacation

prasaud said:
:confused: Hi All,

First I want to give a summary of my case:
EB2- pre approved labor PD: Dec 2001
I140 - Applied on Feb 2006
I140 - Approved on May 2006
EAD - Approved on July 19 2006
I485 - Applied on May 5 2006 -- waiting for approval (No LUDs no RFEs)
Fingerprinting done June 2006

Now, here is my situation: I am on bench for past one month and being paid my full salary. my employer called me today, saying that he has to take me off the payroll and hence I wont be getting paid from the next pay period

I have been monitoring the approval of cases from VERMONT SERVICE CENTER and the cases similar to mine are getting approved at this point of time. I strongly believe that I should get an RFE or an approval within next couple of weeks.

Now, my question is should I apply for AC21 and transfer my H1 to another company? or should I use my EAD and start working for another company? or should I wait for a couple of weeks for my case to get approved or get an RFE?

What would be my best option for me now?

Thanks in advance for your help. Please reply
Click to expand...

if the approval time is so close, work with same employer, and go on unpaid vacation, if you can afford.

my 2 cents.
 
Hi,

Thanks for your advice. Do I just call my employer asking for an unpaid vacation? Do I have to go to my home country (India) during this unpaid vacation or can I stay here in USA.

Thanks for your reply
 
prasaud said:
:confused: Hi All,

First I want to give a summary of my case:
EB2- pre approved labor PD: Dec 2001
------did the employer filed I-140 for person whose LC was used for you? was the I-140 of that person approved? did that person filed I-485? when was I-140 revoked if was filed for earlier employer?
it that comany NJ based?



I140 - Applied on Feb 2006
I140 - Approved on May 2006
EAD - Approved on July 19 2006
I485 - Applied on May 5 2006 -- waiting for approval (No LUDs no RFEs)
Fingerprinting done June 2006

Now, here is my situation: I am on bench for past one month and being paid my full salary. my employer called me today, saying that he has to take me off the payroll and hence I wont be getting paid from the next pay period

I have been monitoring the approval of cases from VERMONT SERVICE CENTER and the cases similar to mine are getting approved at this point of time.
I strongly believe that I should get an RFE or an approval within next couple of weeks.
------------why do you think you will get RFE???
Now, my question is should I apply for AC21 and transfer my H1 to another company?
--------------- YES let the new employer file H1 transfer and once petition reach the USCIS you can join new employer and invoke AC21 by sending permanent job offer letter of new employer
or should I use my EAD and start working for another company?
-----H1 transfer will be good back up (reason is if the comany is based in NJ they sold the same LC to many) and who get his I-485 early will be safe and others will not get anything .LC cant be used second time to get GC based on same LC
or should I wait for a couple of weeks for my case to get approved or get an RFE?
---------------why you expect RFE??
What would be my best option for me now?
------------transfer H1 and invoke AC21
Thanks in advance for your help. Please reply
Click to expand...
 
prasaud said:
Hi,

Thanks for your advice.
Do I just call my employer asking for an unpaid vacation?
-You can, so that he does not cancell your H1
Do I have to go to my home country (India) during this unpaid vacation or can I stay here in USA.
--------------you have AOS pending, you can stay in US
Thanks for your reply
Click to expand...
 
prasaud said:
:confused: Hi All,

First I want to give a summary of my case:
EB2- pre approved labor PD: Dec 2001
I140 - Applied on Feb 2006
I140 - Approved on May 2006
EAD - Approved on July 19 2006
I485 - Applied on May 5 2006 -- waiting for approval (No LUDs no RFEs)
Fingerprinting done June 2006
Click to expand...

Just curious, how much did you buy the labor for?
 
*****Ginnu, Thank you for such a detailed reply
First I want to give a summary of my case:
EB2- pre approved labor PD: Dec 2001
------did the employer filed I-140 for person whose LC was used for you? was the I-140 of that person approved? did that person filed I-485? when was I-140 revoked if was filed for earlier employer?
*****No, this labor has not been used for anyone except me. The person for whom this labor was filed left the company a long time back and the labor got approved in year 2005 and was used for me
------------it that comany NJ based?
*******Yes the company is NJ based, but its a major company

I140 - Applied on Feb 2006
I140 - Approved on May 2006
EAD - Approved on July 19 2006
I485 - Applied on May 5 2006 -- waiting for approval (No LUDs no RFEs)
Fingerprinting done June 2006

Now, here is my situation: I am on bench for past one month and being paid my full salary. my employer called me today, saying that he has to take me off the payroll and hence I wont be getting paid from the next pay period

I have been monitoring the approval of cases from VERMONT SERVICE CENTER and the cases similar to mine are getting approved at this point of time.
I strongly believe that I should get an RFE or an approval within next couple of weeks.
------------why do you think you will get RFE???
*********sorry, let me rephrase this: I think I will hear something from USCIS in two weeks because my dates are current. VSC is processing application received on Feb 16

Now, my question is should I apply for AC21 and transfer my H1 to another company?
--------------- YES let the new employer file H1 transfer and once petition reach the USCIS you can join new employer and invoke AC21 by sending permanent job offer letter of new employer

*******I dont have a new employer with a job offer yet, as I came to know about this only yesterday. I am trying to find an employer. The company that I recently work for is a pretty huge company with almost 3000 employees hence I am thinking if I change to a smaller company would that be a problem. Also please suggest any good consulting company you knowor should I use my EAD and start working for another company?

-----H1 transfer will be good back up (reason is if the comany is based in NJ they sold the same LC to many) and who get his I-485 early will be safe and others will not get anything .LC cant be used second time to get GC based on same LC

******I have only used 2 years of my H1 so far and I have still 4 years left from my 6 years quota, hence I was thinking this is the best option for me

or should I wait for a couple of weeks for my case to get approved or get an RFE?
---------------why you expect RFE??
********Sorry, I am not expecting RFE. I am expecting to hear from USCIS in couple of weeksWhat would be my best option for me now?
------------transfer H1 and invoke AC21
Thanks in advance for your help. Please reply
 
prasaud said:
Fortunately I didn't even pay a single dollar for this labor.
Click to expand...
--- that OK if the LC was not used for other I-140 filing. do you think employer is telling the truth?? I have seen NJ based and Desi company dont tell the truth.

1Others will post for info regarding consulting companies. Why not to give hint about your job title or skills

2 H1 transfer is better option for you

3 if you expect that you expect your I-485 to be approved in 2 weeks still you can file H1 transfer through new company H1 transfer takes time, it des not mean that if you file H1 transfer you cant work with present employer. If GC gets approved on 2 weeks and the employer does not have job for you then get the letter from employer that he does not have job for you and the letter should have date after the I-485 approval date.
 
iak65 said:
This question is for everybody

Do you agree that one does not have to wait 180 days for portability in light of dec 2005 memo
please refer to question 10 of this memo link below

http://www.immigration.com/newsletter1/amendac21.pdf
Click to expand...

------------question 10 and answer is clear
if comany A filed I-140 and one filed I-485 one sticks with the comany A so that I-140 gets approved and I-485 is pending more than 180 days to invoke AC21.

If company B filed I-140 and gets approved and person filed I-485 even if person is not working with B then no need of AC21. GC is for future job and one only needs Job offer and Intent to work with B at the time of I-485 filing and employer has shown intent by filing I-140 and giving job offer letter that one sends with I-485.
 
Ginnu

Respectfully
Well I think 180 day rule is thing of past if you read question 10 it clearly states
"should service center or district offices deny the peoratbility on sole basis that alien has left his or her employment with 140 petioner prior to i485 applictaion pending 180 days?"
the answer is no"
I think you are syaing this only applies if alien has never worked with employer which I think is not the case
I think 180 days rule is not applicable althoug one can argue it will hard to prove the intent, as per rules it allows you to port any time.
Any commnets
 
united nation

thank for your input, since I know you have expertise in filed of finance whats your view about self employment, supoose a phsyician forms a compnay and works for a hospital and hospital pays the company, do you think this will work, the pros of this to me since one can be stuck in name check for years, I have seen in this forum peole had to change multiple employers after ac 21, I think in this way one does not have to worry about changing employer after Ac21 poratbility again and again
Thanks agian for your contribution to this board
 
Today Useless Info Pass

we went to nyc office with info pass today.we had the appointment for 9:15 a.m. we went on 3rd floor at 9:15a.m. took us only 20 min. to wait. immigration officer asked us why are u here today? told her that our case has been delayed for quite some time. she took the receipt and enter the A# in her computer and said, your case is pending.we said we know that but what is the reason? our PD is currant since September 2006.our Name Check is done as per FBI e-mail.She replied, we dont know the reason. We asked then who knows? VSC knows only. We dont have excess to your case. We said can we talk 2 ur supervisor? She said my supervisor also does not have the excess. I think info pass sucks!!!! :mad:

thanks.
gogi274

EB 3 VSC
PD Jan. 2002 (World)
 
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united nation

Prasie and thanks, poeple like you and ginnu and other gurus are better than many blood sucking attorneys.
God bless
 
united nation

Prasie and thanks, poeple like you and ginnu and other gurus are better than many blood sucking attorneys.
God bless
I agree to you and all these options are desperate measure anybody in Gc sitaution will not make these manouvers for fun, suppose somebody gets green card today and get laid off after a week, what remedy he has so if you look form tha risk , I personally belive that self employments is much less riskier
I am sure you iwll have answer to this bcz of your vast research, green card approve laid off a week or so later, can you comment... plz
 
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