Being unemployed for a week while invoking AC-21

G

GaspChoke_GC

New Member
Hi
I am invoking AC-21 for a new job. I satisfy the "485 pending for more than 180 days", "I-140 approved" and "Similar job" conditions for AC-21
My present company has informed me they will revoke the I-140 on my last day with them. Also the new job has a start date of a week after my last day with my current company.

My concern is that I will be technically unemployed for a week in this transition.

Do you gurus or anybody who has been or is in a simliar situation please explain to me the implications. Ie. Is this a reason for worry or is this fine.

Thanks
 
GaspChoke_GC said:
Hi
I am invoking AC-21 for a new job. I satisfy the "485 pending for more than 180 days", "I-140 approved" and "Similar job" conditions for AC-21
My present company has informed me they will revoke the I-140 on my last day with them. Also the new job has a start date of a week after my last day with my current company.

My concern is that I will be technically unemployed for a week in this transition.

Do you gurus or anybody who has been or is in a simliar situation please explain to me the implications. Ie. Is this a reason for worry or is this fine.

Thanks
Click to expand...

Unlike H1 Pending I-485 does not require you to work continusly. It should not affect your GC
 
tammy2 said:
Unlike H1 Pending I-485 does not require you to work continusly. It should not affect your GC
Click to expand...

What if one is working on H1 after I485 was filed ?
One can have only 1 status in the US and if s/he has been working on H1 and not used EAD or AP, their status remain H1 even after filing I485(Not AOS pending "status", even though AOS is pending).
If their jobs are terminated for a short period of time, it violates H1 status rule. Does it mean they are out of status in the strict sense ?
 
you are fine either way, whether u use H1 or EAD, but make sure 180 days past 485

GotPR? said:
What if one is working on H1 after I485 was filed ?
One can have only 1 status in the US and if s/he has been working on H1 and not used EAD or AP, their status remain H1 even after filing I485(Not AOS pending "status", even though AOS is pending).
If their jobs are terminated for a short period of time, it violates H1 status rule. Does it mean they are out of status in the strict sense ?
Click to expand...
 
Hi Nato,
I think you misunderstand my question. My question is if one working under H1 status after I485 filing(not used AP nor EAD) gets their job terminated, do they fall into out of status ?
Any comment is appreciated.
 
Last edited by a moderator:
GotPR? said:
Hi Nato,
I think you misunderstand my question. My question is if one working under H1 status after I485 filing(not used AP nor EAD) gets their job terminated, do they fall into out of status ?
Any comment is appreciated.
Click to expand...

I guess in this situation you need to give up ur H1b and go to EAD.
 
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