AC21 with EAD or H1

[scjdp]

Hi,

Current status:
I140 approved and 180 days passed
I485 pending
Working on H1 with same company who applied for GC. 3 yr extension approved.
Last year traveled using AP, I94 in passport have AOS
Planning on traveling again in Dec'06
Spouse is working using EAD

I am planning to change employer.

Option 1: Considering I join employer using EAD
1. If 485 declined for some reason, would I/spouse need to leave US?
2. If there are any other issues with 485, would I/spouse need to leave US? What are my options?

Option 2: Considering I join employer using H1
1. Can I? Is it legal?
2. Does that impact my GC processing?
3. Does AC21 apply in this condition?
4. Will there be any impact on Spouse EAD?
5. If I join before my travel in Dec using H1, can I still use AP to enter back? or I need to have h1 stamped on passport for new company before I enter?

I'd appreciate if you can share your experiences and knowledge.

Thanks in advance

 

[ginnu]

Hi,

Current status:
I140 approved and 180 days passed
I485 pending
---------------- to be elible to use AC21 I-485 need to be PENDING more than 180 days
Working on H1 with same company who applied for GC. 3 yr extension approved.
Last year traveled using AP, I94 in passport have AOS
Planning on traveling again in Dec'06

Spouse is working using EAD
----------she is not on H4 she will need valid AP in hand if want to go out
I am planning to change employer.

Option 1: Considering I join employer using EAD
1. If 485 declined for some reason, would I/spouse need to leave US?
---------------- depends on the reson for I-485 denial, you can file MTR
2. If there are any other issues with 485, would I/spouse need to leave US? What are my options?
--------------depends on the reson for I-485 denial, you can maintain H1 status
Option 2: Considering I join employer using H1
1. Can I? Is it legal?
------------Yes, let the new employer file H1 transfer, once H1 transfer filing reach the USCIS you can join them (many prefer to wait till they get reciept of H1 filing from USCIS)
2. Does that impact my GC processing?
----------no, you will request to invoke AC21 with pending I-485 with new employer letter
3. Does AC21 apply in this condition?
--YES
4. Will there be any impact on Spouse EAD?
----------No, EAD AP are based on pending I-485 and H1 has nothing to do with I-485. H1 is good back up plan
5. If I join before my travel in Dec using H1, can I still use AP to enter back?
---------- you can use AP but may not be on H1 status. to be on H1 status after use of AP you need to be working for the same employer who filed your latest H1(talk to your lawyer)

or I need to have h1 stamped on passport for new company before I enter?
------------ if you have valid H1 stamp of past employer then show that H1 Visa stamp and new employer H1 transfer approval notice at POE and you will get I-94 till H1 transfer approval notice.
If you dont have H1 valid Visa stamp then file H1 transfer with premium processing and you may get H1 approval in 15-20 days and then get the H1 visa stamp and enter with H1 visa stamp

I'd appreciate if you can share your experiences and knowledge.

Thanks in advance