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
 
Kabish,

Sorry to hear about that. I was checking the site, just to see if you got approved, and I came across this. Anyway, do not worry. Your 140 approval puts you in a very safe position. This is what I can advise you. UN, please correct me if I'm wrong.

Get a job at a different company (hopefully doing something pretty similar to your current job). Proceed with your calls to the emergency numbers, write to the director, write to the FBI, senators, congressman, etc.. Just keep bugging them. Persistence paid off. I used to send a letter/fax and follow up with a phone call to the FBI once a week, until they cleared my name check. I also kept bugging INS until they cleared my 140 *was stuck due to name check -- which doesn't make sense*

Let your company send their letter in September. If your 485 is still NOT approved by then, the INS may send you a notice, with an intent to deny your 485, or simply an RFE with recent pay stubs, whatever. In that case, your lawyer can follow up with a letter, stating that you're taking advantage of AC21 (outline of ur new job description, etc..).

I wouldn't be worried if I were you. I know it sounds naiive for me to say that, but you're safe since your 140 is approved. Now your EAD and travel doc is based on a PENDING I-485. So as long as that's not denied, you are OK. Hope this helps.

Good luck man. Hopefully your turn will come soon. Don't give up.
 
Hi Mesbah,

Thanks for the reply.My question is if i do H1 transfer and Ac21 before September,how abt my EAD and AP it will be in safe side or not??It is really weird situtaion.And also what is FBI no to call??

Regards
Kabish
 
Kabish,

Your 140 is already approved. You do NOT need an H1b transfer. You can do it if you want, but your EAD and AP are valid as long as your 485 application is valid. You can just start working at the new company with your EAD. If you receive any thing from INS, like notice for intent to deny or RFE, you can respond that you're using AC21. It is the law man, you're not doing anything wrong. It's not a gray area either. If your 140 is approved, and it's been over 180 days since your 485 was received, you're golden. I would not even worry about H1B transfer.. Use your EAD.

Check out this thread for info about contacting FBI. Good luck, and keep me updated.

http://boards.immigrationportal.com/showthread.php?t=136848&page=1&pp=15&highlight=Rahul+Kumar
 
Mesbah is right. You don't need an H1 but I would still recommend you to get one to maintain dual status and cover all 'just in case...' type scenarios.
 
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