Any grace period between employers on AC21?

M

mitra88

Registered Users (C)
Hi, I have a question.

As you can see, I filed my I-485 on July 2006 and my I-140 is already approved. I believe that by January 2007, I am going to become eligible for AC21 portability. I plan to change my job after a few weeks (when I become eligible).

But, here comes my question......

Should the new job be beginning right after the termination of the current job? Can there be any grace period between two (current and new) jobs? My new job will be starting a few months later and the current job SOMEHOW should be terminated next month. So, basically, there will be a 1 to 3 months gap between two jobs. Would this be ok?

I'd appreciate your opinions.
 
mitra88 said:
So, basically, there will be a 1 to 3 months gap between two jobs. Would this be ok?
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That will be fine. The only caveat is that if USCIS gives you an NOID or RFE during that time, that your new employer is willing to provide evidence of this new job offer.
 
clarifications on in between jobs with AC21

Can someone clarify a doubt I have? If one is on H1 but has EAD and quits current job, can one not have a job for an extended time 3-6 months and still be in status ? If service center ask for RFE or NOID what is the grace period one has- to THEN find a job ?

ni12
 
ni12 said:
If one is on H1 but has EAD and quits current job, can one not have a job for an extended time 3-6 months and still be in status?
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Absolutely, and you don't even need an EAD. You remain in legal status based on your pending I-485.

[quite]If service center ask for RFE or NOID what is the grace period one has- to THEN find a job ?[/QUOTE]

You have 120 (for an RFE) or 30 (for an NOID) to submit evidence of your job offer to USCIS, ie. the deadline for response to the RFE/NOID.
 
wow! life of a hobo

Gosh realcanadian! Sounds good - course one has to have residual income or something to survive ;)

ni12
 
So, is it ok?

So, let me summarize it.

Since I have a pending I-485 case more than 180 days with an approved I-140, I can remain in legal status even if I leave my current employer. Also, in case of RFE or NOID from USCIS, I will still have 120 days (for RFE) or 30 days (for NOID) to submit the new job offer documents for AC21 Portability. Am I understanding right?

One last question. Let's say that I stopped working for my current employer from February 2007 and got an RFE from USCIS on March 1st, 2007. My new job will probably start from April or May 2007. Would it be ok for me to submit the AC21 portability document from my new employer by the end of June, 2007 (which is 120th day)? Wouldn't it cause a trouble if my document indicates that I started my new job from May, not February? Or can I just submit documents only indicating the current employment status at the time of submission (I mean June 2007)?



TheRealCanadian said:
Absolutely, and you don't even need an EAD. You remain in legal status based on your pending I-485.

[quite]If service center ask for RFE or NOID what is the grace period one has- to THEN find a job ?
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You have 120 (for an RFE) or 30 (for an NOID) to submit evidence of your job offer to USCIS, ie. the deadline for response to the RFE/NOID.[/QUOTE]
 
mitra88 said:
Since I have a pending I-485 case more than 180 days with an approved I-140, I can remain in legal status even if I leave my current employer.
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Since you have a pending I-485, period. The approval status of the I-140 or the 180 days has nothing to do with maintaining legal status, although there may be other ramifications if you leave prior to I-140 approval or 180 days having passed.

Also, in case of RFE or NOID from USCIS, I will still have 120 days (for RFE) or 30 days (for NOID) to submit the new job offer documents for AC21 Portability. Am I understanding right?
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Right.

Wouldn't it cause a trouble if my document indicates that I started my new job from May, not February?
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Why would it? There's no requirement that you maintain employment, only valid legal status.

Or can I just submit documents only indicating the current employment status at the time of submission (I mean June 2007)?
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Most of the time, USCIS will merely ask for evidence of a pending offer, not for evidence that you have maintained continuous employment. There's no reason to ask for the latter.
 
mitra88,

also GC is for a future job....

so the RFE for employment should be replied with a letter >
that you intend to join your new employer upon getting Green Card...

I don't think one needs to furnish start dates/end dates..
 
Hi Realcandadian,

I find your quote:

"Most of the time, USCIS will merely ask for evidence of a pending offer, not for evidence that you have maintained continuous employment. There's no reason to ask for the latter " very interesting.

Can you please help me with my query:

My I-485 is pending. I am getting a good offer from a BIG Four company but as per the requirment for for AC-21 porting they wont give me the same job title offer letter(different work within IT).

What i want to know is, can i transfer to a friends company using AC-21(inform the USCIS), then join the Big 4 company on EAD with any title they offer.

What are the risks? Would the USCIS reject my GC application if they find i am not getting any pay-stubs and w2 from the company i ported my GC using AC-21? Cant it be argued that GC is for "future employment?



Regards.
 
vicky007 said:
What are the risks? Would the USCIS reject my GC application if they find i am not getting any pay-stubs and w2 from the company i ported my GC using AC-21? Cant it be argued that GC is for "future employment?
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While there is no requirement that you be currently employed with the sponsoring employer, USCIS could legitimately claim that you had no intention to work for your friend's company, and really intended to work for your current employer. By and large, who you are CURRENTLY working for is considered very strongly by USCIS, although future employment is a well-known precedent with employment-based immigration.

BTW, there is no requirement for AC21 portability that the job title be the same. I certainly would consider it foolish to engage in immigration fraud because of an erroneous understanding of AC21.
 
AC21 portability-ramification

Realcanadian,

I submitted my I140 and I1485 concurrently and TSC received them on May 24 2006. My visa number (vn) was however not current when my employer (university human resource) submitted them. vn became current on september 2006 (EB1 -OR India). TSC did not return my I485. Then accepted the fees and completed my FP. LUD on I485 was 08/11/06. My question is- does the 180 day portability rule begin from May 2006, or September 2006 ?

Thank you in advance
ni12
 
One more question....

Thanks all for your information. I have one more question about the beginning date of AC21 portability.

Does it start from the receipt date of I-485? Or does it start from the approval date of I-140? My I-485 receipt date is July 2006. However, My I-140 was approved at October 2006. Some guys are telling me that it starts counting after I-140 is approved and I am getting confused. Please can anyone tell me about this?
 
mitra88 said:
Thanks all for your information. I have one more question about the beginning date of AC21 portability.

Does it start from the receipt date of I-485? Or does it start from the approval date of I-140? My I-485 receipt date is July 2006. However, My I-140 was approved at October 2006. Some guys are telling me that it starts counting after I-140 is approved and I am getting confused. Please can anyone tell me about this?
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From the receipt date of I-485
 
Realcanadian,

I submitted my I140 and I1485 concurrently and TSC received them on May 24 2006. My visa number (vn) was however not current when my employer (university human resource) submitted them. vn became current on september 2006 (EB1 -OR India). TSC did not return my I485. Then accepted the fees and completed my FP. LUD on I485 was 08/11/06. My question is- does the 180 day portability rule begin from May 2006, or September 2006 ?

Thank you in advance
ni12
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Can somebody help me with my doubt// :confused: :confused:
 
ni12 said:
Can somebody help me with my doubt// :confused: :confused:
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You directed the questiononly to to Realcanadian, wasnt sure if I could answer.

For all practical purposes, your 485 Receipt Date is September 2006.

There is one unwritten law. You will still be liable for your mistakes even if USCIS made a mistake by not identifying it.

Your lawyer made a mistake. Then USCIS made a mistake. That does not absolve you of your (or your lawyers) mistake in the first place.

There was one case I read before. The person got H1 extension about 1 year more than he was eligible even though the lawyer requested correct time. Instead of 2 years marking completion of 6 years on H1, USCIS gave him 3 years totalling H1 time to 7 years. This was USCIS mistake. This person stayed 1 year beyond 6 years. During this time his labor applicaiton crossed 365 days. At the end of 7th year, when he applied for H1 extension, USCIS rejected the extension.

When you use a lawyer to file applications, it is the lawyer's and your responsibility to follow law in the first place. The primary burden of following the law in your's.
 
Thanks a ton green card virus

Thank you Green Card Virus. I shall if at all , activate my EAD on March 1st or later. :)

OOps , I got my EAD on July 14th. So I should send it for renewal in March no?

ni12
 
renewal of EAD

Hello(greencardvirus, therealcanadian and other experts)

I have a doubt.

I wish to renew my EAD. I am currently on H1B and I have never activated my EAD already received, which expires in July (4th).
USCIS at its website under 'employment authorization', advises renewal 6 months prior to expiry. Am I eligible for renewal
even though I have not activated my original EAD?

Thanks in advance
ni12
 
ni12 said:
Hello(greencardvirus, therealcanadian and other experts)

I have a doubt.

I wish to renew my EAD. I am currently on H1B and I have never activated my EAD already received, which expires in July (4th).
USCIS at its website under 'employment authorization', advises renewal 6 months prior to expiry. Am I eligible for renewal
even though I have not activated my original EAD?

Thanks in advance
ni12
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You can apply EAD at anytime. All you need is a valid work permit (H1, EAD) to work at any piont of time. They suggest to apply few months before so that you dont loose the continuity if you are already working on EAD.

If you filed for 485, you can work on EAD and if your EAD expires you can sit at home and do nothing. Then you can file EAD and when that gets approved you can start working again.

One does not really have to file for EAD 6 months before the current one expires. 3 months should be more than enough. EAD is valid for 1 year and the 1 year starts from the date of approval. If your current EAD is valid from 1st Jan, 2006 thru 31st Dec, 2006. If you apply for renewal on July 1st, 2006 and your EAD is approved on say July 15th, 2006, your new EAD will be valid from July 15th 2006 thru July 14th 2007. You will be progressively loosing time on EAD if you apply too early.
 
I differ on the issue regarding EAD validity. I recd my EAD renewal card and it starts exactly the same day when the old EAD expires; without any loss of time.
 
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