kalyan1234 said:what happens If the I-140 is approved and 180 days period is over but the company for some reason wants to lets you off. Is it possible to join a new company with EAD or is there any other process. Experts please advice
-----Did your I-485 hit 180 days?
Thanks
kalyan1234 said:what happens If the I-140 is approved and 180 days period is over but the company for some reason wants to lets you off.
Is it possible to join a new company with EAD or is there any other process.
---- if your I-140 is approved and I-485 pending more than 180 days you are eligible for AC21 and can change employer with EAD or with H1 transfer.
*** better change with H1 transfer it is in your best intrest. find the new job in same/similar filed. if possible try to get the LC approved Copy from past lawyer (particularly FORM ETA750A that has your skills in item 13 on it)+ your I-140 filing reciept or copy of I-140 approval and I-485 filing reciept.
Remember if any RFE in future for I-485 it will go to lawyer who filed your I-485, it will be better to hire your lawyer who can help you draft AC21 letter and will reply to RFE if any and fill up form G28 so that new lawyer can send it to USCIS that he represent you and if you move then do the below:
1 file form AR11 for address change
2 update NCSC on 18003755283, your new address, provide them your ,WAC,EAC or LIN # of I-485 and reciept # of any pending petitions with service center, provide the receipt#, your name, DOB, A#( A# is on I-485 filing reciept)
3 write letter to service center for address change on your I-485( if you have spouse I-485 pending He/she also need to change address on her/his I-485) or any pending petition with them provide your past and NEW address, attach I-485 receipt copy, write your name, DOB, A# on cover letter. Send the letter to your service center with certified return receipt and out side the envelope write in big bold letters ATTENTION: ADDRESS CHANGE
*** do the all 1,2,3
Experts please advice
Thanks
kalyan1234 said:Thanks for the reply.
I have job offers which are willing to use EAD but not sponser h1-b and these
are excellent opportunities.
I have labour approved
I-140 approved
I-485 more than 180 days
so whats the advantage of using h1-b over EAD. And most of the big companies are not willing to sponser h1-b for a transfer now.
----- being on H1 status has advantage to transfer H1 and if anything wrong goes with I-485 you still have the status to stay in US if not marreied and planing marriage then can bring the spouse on H4 status.
Legally can i use EAD or r there any disadvantages of using it over h1-b transfer. Iam just trying to understand.
------Legally you can use EAD and renew EAD, AP 5-6 months advance
Experts please advice
HOMER-SIMPSON said:Ginnu et al,
Can one use AC21 and move to a different employer with H1 (and not EAD) if it is more than 6 years on H1?
----------------yes, one can move to new employer with H1 transfer or H1 extension for 7th year. remember the H1 transfer or H1 7th year extension can ONLY be filed if you are on H1 status it has to be filed bofore I-94 or H1 status expires
In other words, can the move under AC21 be used as a basis for filing extension on the H1 (without using EAD) with a different employer pending AOS?
---------------- First you should transfer H1 to H1 then file 7th year H1 extensin through new employer based on pending I-485. I dont know your actual situation, for better answer and get more input from others you should post your details and you may get correct answer to your present situation.
Thanks!
HOMER-SIMPSON said:Ginnu Thank you..
here are the details.. Concurrent filing May 03, still awaiting 140 approval (TSC).
EAD, AP, FP done in Sep 03. Never used EAD. Filed for second EAD, AP last month. Mantained H1 status. Filed for 7th year extension in Oct 03; Got approval on H1 extension (7th year) in March 04.
COnsidering Job change later in the year
Q. .. Can I continue using H1 extensions on yearly basis without ever using EAD until 485 is approved even after 140 approval AND after I change job (which will be only after 140 approval)???
----- yes you can continue using H1 extensions for 7th year 8 year till your1-485 is pending
OR
I have to move on EAD in order to use AC21 portability.
------ better join by H1 transfer to be safe,AC21 is for future permanent job after I-485 approval, H1 has nothing to do with AC21, you can be on H1 or on EAD you can use AC21 in both situations
Thank you for your responses..