Article: More questions on AC21, EAD, losing job, etc.

Travel on AP without Job: Can i travel on Advance Parole when i'm not currently working (out of job) and currently looking for employment with same job duties, but my I-485 is pending, Changed job and applied AC-21, finished i-485 interview last year and didn't get GC b'cos Priority date is not current. But now i'm b/w the jobs. Still the position is open for me from original sponsor after i get the green card. Can i travel in this scenario...what if at POE asks for my current employer and employment details. What i have to say...is they can deny my entry since i don't have current job ?
 
I filed a 485 under EB2 (India) in July 2007, through her company lawyer (say Lawyer A). This application was sent to Nebraska and the priority date of this application is not current and seems like it would still be at least couple of years before it gets current. Now early this year I started the process of EB1 (India) through a personal lawyer (Lawyer B) and last month her 140 under this category got approved. Since EB1 is always current, lawyer B advised me to file for 485 under EB1 and also to include my application along with her. So I filed 485 under the EB1 category and this was sent to Texas. The USCIS received this 485 application on May 3, 2010 and on the same day I received an email stating that her Green Card applied under EB2 has been approved. I was confused as per my understanding this should have not happened without the priority date being current. After consulting with Lawyer B, she informed me that this could possibly be an error from USCIS and we should wait to see if we receive any welcome letter. Surprising to confuse us more, on last Saturday, I did receive the welcome letter.

Now yesterday, I consulted lawyer A as they would have also received a copy of this welcome letter and according to that lawyer, this is an error from USCIS and she recommended that I would call the USCIS office and confirm this or I might have problems later on when I go for her citizenship. However, upon informing her about the EB1 application, she informed us that in that case she is not responsible to contact USCIS and it will be lawyer B's responsibility to do this. Lawyer B advised that we should wait till we hear anything about my EB1 application category.


Now my question is:


1). Do you think this is an error by the USCIS and if it is what should be or plan of action?


2). Can it be possible that based on the recent EB1 application, USCIS approved my EB2?
 
Hi,

I have quick question:

EAD expires on Sept 17th 2010
EAD renewal notice date: july 13th 2010
Joined Comany B on Dec28th 2009 using EAD
previous h1b expired jan 10th 2010 (Company A)
new h1b approved on march 10th 2010 (Comany B)

Can I continue to work with Company B after september 17th if my EAD is not approved by the time?

Thanks,
VVSV
 
Since your I-140 is approved and I-485 has been pending over 180 days, you are entitled by law to change jobs to a similar position with any employer. And you do not have to start your green card all over again. This is referred to as AC21 portability – discussed in exhaustive detail on my blog. But if the jobs are not similar, you can only carry forward the PD and have start your GC all over again. Make sure you maintain H-1 status.
 
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