Ac21

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kabish

Registered Users (C)
Hi Gurus/Ginnu,United Nation

Please help me

I got the big news today abt laid off.In my case

1.I got my 140 approved on March 2005 and 485 is pending,Now i am in 8th year extension.
2.If some consulting company offering me job,can i do act of portabilty(I think that is the only way,H1 Transfer i cant do i hope)
3.My Hr Manager told that they will not revoke 140 upto september month,but after september they will send a letter to INS llike this guy is no longer in our company.
4.My wife is working on EAD now(She used her EAD)

After september if they r sending a letter to INS,what will happen to our EAD"s??
Before that if we go for Act of portabilty everything will be OK

What is my best way to go??

California State INS screwed up!!!

Please advise me!!!

Regards
Kabish
 
If your old company sends a letter to CIS just saying that you dont work for them anymore, is that the same as asking CIS to revoke the I-140?

Arent they two separate things? By just saying "x" doesnt work with us, does that mean they are asking the I-140 to be revoked?
Dont they have to specifically ask for the I-140 to be revoked?

Thanks.
 
Hi

That is my question.Bcos of that letter what will happens to the approved 140??
Can somebody answer this question??

Regards
Kabish
 
kabish,
Sorry to hear about the layoff.

If you are on H1, I think you can transfer to another company using H1.

You can file for 9th year extension as well.Yates Memo of May 12 clearly indicates that labor of one company can be used to get the H1 extension beyond 6 years in another company ( Subject to standard 365 days condition).

As yous 140 is approved and 485 pending for more than 180 days, You are eligible for AC21.

My understanding is that you /dependents can get EAD as long as your 485 is pending approval.




kabish said:
Hi Gurus/Ginnu,United Nation

Please help me

I got the big news today abt laid off.In my case

1.I got my 140 approved on March 2005 and 485 is pending,Now i am in 8th year extension.
2.If some consulting company offering me job,can i do act of portabilty(I think that is the only way,H1 Transfer i cant do i hope)
3.My Hr Manager told that they will not revoke 140 upto september month,but after september they will send a letter to INS llike this guy is no longer in our company.
4.My wife is working on EAD now(She used her EAD)

After september if they r sending a letter to INS,what will happen to our EAD"s??
Before that if we go for Act of portabilty everything will be OK

What is my best way to go??

California State INS screwed up!!!

Please advise me!!!

Regards
Kabish
Click to expand...
 
hi GC_GoneCase,

I didnt use my EAD.So if i get a new offer,

1.Can i join them with H1 Transfer or with EAD??Which is the best way??
2.If i gets laid off my H1 status is invalid??
3.Then how come i can join with H1 transfer??
4.140 approved and 180 days passed from filing date so i can do only Ac21??

Please clarify this

Regards
Kabish
 
kabish said:
hi GC_GoneCase,

I didnt use my EAD.So if i get a new offer,

1.Can i join them with H1 Transfer or with EAD??Which is the best way??
-- H1 transfer

2.If i gets laid off my H1 status is invalid??
-- No. Unless your company informs USCIS about it.

3.Then how come i can join with H1 transfer??
-- As long as you have recent paystubs, it should be fine.

4.140 approved and 180 days passed from filing date so i can do only Ac21??
-- Yes. That is your best option with H1B transfer

Please clarify this

Regards
Kabish
Click to expand...
 
Hi sjetly.

Upto aug 24th i am in their payroll.According to CA law an employee should notify atleast 2 months before.But technically today is my last day.So HR ppl is going to send the notice to USCIS on september saying "He is no longer working for the company"Is that notice itself make the 140 or H1 status invalid.??(Now i am in my 8th year valid upto June 2006)

Please clarify this!!!

Regards
Kabish
 
H1B will become invalid. I-140 withdrawal is a separate process and anyways GC is for future and not current job. Try to get an H1B transfer done by August so that you are in status and notify USCIS about AC21.

kabish said:
Hi sjetly.

Upto aug 24th i am in their payroll.According to CA law an employee should notify atleast 2 months before.But technically today is my last day.So HR ppl is going to send the notice to USCIS on september saying "He is no longer working for the company"Is that notice itself make the 140 or H1 status invalid.??(Now i am in my 8th year valid upto June 2006)

Please clarify this!!!

Regards
Kabish
Click to expand...
 
Hi ginnu,

I already planned a trip to Canda next week for 4 days.So if i use my AP while coming back from Canada (If i am not Stamping my visa)my h1 will be invalid??I am in 8th year extension

Regards
Kabish
 
I do not think using AP would make H1 invalid. I think this has been discussed in earlier threads in details and Murthy's site also has that information in one of their chat sessions.

If you are on payroll till Aug 24, you will get the paystubs roughly till Aug end.

So, you have enough time to make H1 transfer.

Per my info, unless employer withdraws / revokes 140, USCIS is not going to Revoke or send NOID as GC is for future job.

Even if they do, you can use AC21. Just make sure your job responsibilities are similar for AC21.


kabish said:
Hi ginnu,

I already planned a trip to Canda next week for 4 days.So if i use my AP while coming back from Canada (If i am not Stamping my visa)my h1 will be invalid??I am in 8th year extension

Regards
Kabish
Click to expand...
 
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