Break between jobs and AC21

A

akilhere

Registered Users (C)
I'm planning to quit my present company (H1B) on 12thSep and take a couple of days off before joining my new company on AC21 EAD on 17thSep.
Would that be a problem? Would USCIS not like the 2 day lag between jobs? What would be my status for those two days (not including the weekend)
Any help would be appreciated.

Thanks,
 
I don't think that should be an issue. I am sure there are peoples who were laid off, found another job and still continuing or got approved.
 
TheRealCanadian said:
Your pending I-485 keeps you in valid status. There is no problem whatsoever.
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RealCanadian, can you explain that a bit? What's the valid status you can be in, when your I-485 is pending? Also, if your I-485 keeps you in valid status, how long can you be in that valid status? What if the break in job is say, 2 months?

Thanks.
 
kapslock said:
RealCanadian,

can you explain that a bit?

What's the valid status you can be in, when your I-485 is pending?
---Pending AOS or adjustment of status pending
Also, if your I-485 keeps you in valid status, how long can you be in that valid status?
-------------- you will be in Pending AOS status till your I-485 gets approved or denied

What if the break in job is say, 2 months?
----------------with pending I-485 one can be without job but at the TIME OF I-485 approval you need to have permanent job OFFER
Thanks.
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ginnu said:
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Hmmm Ginnu, thanks for the answer - its a little difficult to digest, because I just didn't know this. So to put it into perspective, a couple of questions:

1. You mean I could be laid off from job, and stay jobless, for as long as I-485 does not get adjudicated?

2. What happens to my I-94 in that case? What if it expires? Can I renew my I-94 simply on the basis of my I-485 being pending? If so, for how long do I get the I-94 renewal for?

3. As is the case for most recent I-485 applications, because of their very recent PDs, their adjudications could be years away. So you mean somone could just get laid off, and sit tight and if he can, and time getting a new job so that he has a job or a job offer just before the time of adjudication?

Appreciate your taking time and effort to answer the questions.
 
Can we have 2 Jobs after filing I-485 ?

Hi Ginnu/Other,

I have few questions...please response!

When I-485 is in Pending status (after 180 days of filing)...

1. Can i take a job break for 3 to 4 months and go out of country ?

2. Can i work (full-time job) totally in a different job (Ex: From Programmer/Analyst To Car Sales Executive)

3. Being working as a full-time job in IT under H1B & at the same time can i have a part-time job in a Restaurant under EAD.

4. What will be my status if i use both H1 (for full-time job) & EAD (for part-time job) ?.

Thanks!

ginnu said:
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satgym73 said:
Hi Ginnu/Other,

I have few questions...please response!

When I-485 is in Pending status (after 180 days of filing)...

1. Can i take a job break for 3 to 4 months and go out of country ?
-----------------------YES but if Fingerprinting notice is sent you should go for FP
2. Can i work (full-time job) totally in a different job (Ex: From Programmer/Analyst To Car Sales Executive)
-----------------NO, AC21 is for same/similar job duties
3. Being working as a full-time job in IT under H1B & at the same time can i have a part-time job in a Restaurant under EAD.
-------------------YES, but if you use EAD for part time or full time you will NOT be on H1 status
4. What will be my status if i use both H1 (for full-time job) & EAD (for part-time job) ?.
---------------if use EAD you will not be on H1 and your status will be Pending AOS
Thanks!
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kapslock said:
You mean I could be laid off from job, and stay jobless, for as long as I-485 does not get adjudicated?
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Yes. Your legal status in the US no longer depends on your remaining continuously employed, like it did in an employment-based non-immigrant status.

What happens to my I-94 in that case? What if it expires? Can I renew my I-94 simply on the basis of my I-485 being pending? If so, for how long do I get the I-94 renewal for?
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Nothing happens when your I-94 expires. You remain in an authorized stay so long as your I-485 remains pending, even if your I-94 has expired.

So you mean somone could just get laid off, and sit tight and if he can, and time getting a new job so that he has a job or a job offer just before the time of adjudication?
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Theoretically, yes. I'd be careful, in case the employer withdraws the I-140; then you only have 30 days.
 
kapslock said:
Hmmm Ginnu, thanks for the answer - its a little difficult to digest, because I just didn't know this. So to put it into perspective, a couple of questions:

1. You mean I could be laid off from job, and stay jobless, for as long as I-485 does not get adjudicated?
-------------------------you need job offer at the time of I-485 approval and much better if you get job before the I-485 approval.
2. What happens to my I-94 in that case?
----I-94 has nothing to do with I-485, your I-94 is based on H1
What if it expires?
--------------------------you are pending AOS status and for work you will need EAD in Hand and if you go out US you will need AP filed IN US while you are in US and approbed in US Before you go out to use AP to enter US

Can I renew my I-94 simply on the basis of my I-485 being pending?
--------------- you cant RENEW I-94,your employer need to file H1 extension BEFORE the I-94 gets expired and will get new I-94 with H1 extension approval notice
If so, for how long do I get the I-94 renewal for?
------------------read above
3. As is the case for most recent I-485 applications, because of their very recent PDs, their adjudications could be years away. So you mean somone could just get laid off, and sit tight and if he can, and time getting a new job so that he has a job or a job offer just before the time of adjudication?
-----depends on case if approved I-140 is not revoked before pending I-485 hits 180 days
Appreciate your taking time and effort to answer the questions.
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I just changed my Job last month based on AC21

and now when I asked my new Company lawyer for filling AC21, he said no need to send anything to CIS, but my previous lawyer had said it's better off to file AC21!!!!!!!!!


Now, should I insist on file AC21 or not? Is it necessory to do that?

Any insight would be greatly appreciated.
 
can'twaitany said:
and now when I asked my new Company lawyer for filling AC21, he said no need to send anything to CIS, but my previous lawyer had said it's better off to file AC21!!!!!!!!!


Now, should I insist on file AC21 or not? Is it necessory to do that?
------------------I prefer to file for AC21 if lawyer does not agree you can directly file AC21 and you dont need lawyer to file AC21
Any insight would be greatly appreciated.
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ginnu said:
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Ginnu/RealCanadian,

1. Are you guys talking about being in status after filing I-485 with an EAD??

2. Would I be "in status" even if I don't have an EAD and my I-485 has been applied? (Say if my I-485 has been applied 2 months ago).

3. What happens if I find a job after a 1 month break in job? What is the status on which I get hired again? Do I still try to transfer my H1B (which, because of 15 day old paystubs, might have a problem), or is there some other status I can be on, and work? Do I need to have an EAD in this case?

4. A related question is - is there any problem in FP or getting an EAD if I lost my job if I've not even yet received the notice (the wait is already close to 2 months)?

I am sorry, I ask too many questions, but this is a real situation, and it helps to know where I stand and what options I have. Appreciate your help.
 
One more thing I missed asking - is everything we discussed above applicable only when 180 days are past filing I-485, or irrespective of that?

Thanks.
 
kapslock said:
Ginnu/RealCanadian,

1. Are you guys talking about being in status after filing I-485 with an EAD??
---------------------YES , You are in pending AOS status if I-485 is filed. EAD is only for work and it is up to you to use EAD or not
2. Would I be "in status" even if I don't have an EAD and my I-485 has been applied? (Say if my I-485 has been applied 2 months ago).
----------------------------YES, get the I-485 reciept from lawyer who filed I-485 if directly filed I-485 the reciept will come to you (many have not got I-485 reciepts till date who filed in july or August)
3. What happens if I find a job after a 1 month break in job?
--------------not a problem
What is the status on which I get hired again?
---------------if you have EAD then you work with EAD, if file H1 transfer then join join on H1
Do I still try to transfer my H1B (which, because of 15 day old paystubs, might have a problem),
---H1 transfer is much better for you if Paystubs only 15 day old still your new employer can file H1 transfer
or is there some other status I can be on, and work? Do I need to have an EAD in this case?
-----------------you need EAD in hand to work or H1 transfer filing reciept and you can also join new employer they day H1 Transfer filing rech the USCIS
4. A related question is - is there any problem in FP or getting an EAD if I lost my job if I've not even yet received the notice (the wait is already close to 2 months)?
----------------not a problem for FP
I am sorry, I ask too many questions, but this is a real situation, and it helps to know where I stand and what options I have. Appreciate your help.
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kapslock said:
Are you guys talking about being in status after filing I-485 with an EAD??
Click to expand...

No EAD is required.

Would I be "in status" even if I don't have an EAD and my I-485 has been applied? (Say if my I-485 has been applied 2 months ago).
Click to expand...

Absolutely.

What happens if I find a job after a 1 month break in job? What is the status on which I get hired again?
Click to expand...

You can either be hired using the EAD, in which case you remain an adjustee, or you get the new employer to file an H-1B for you. You may need to leave the US and re-enter if USCIS doesn't like that you've been out of work for a month.

A related question is - is there any problem in FP or getting an EAD if I lost my job if I've not even yet received the notice (the wait is already close to 2 months)?
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No problem.
 
Thanks ginnu...

I'm trying to contact them and get the Employment Verification Letter either to file by myself or lawyer.
 
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What will happen if one:

- Applies for two I-485 from the same company for different positions?

- Or applies for two I-485 from different companies for similar positions?

- If an H-1B Interview gets denied, would it impact the GC process for the same position which is in process? (This is for consular processing)

Sorry guys if this is not related to this Forum, but it's really hard to find the right persons for valuable inputs.


Any insight would be really appreciated!
 
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Thanks Ginnu and RealCanadian

You guys are very nice and helpful. Really appreciate your replies. Maybe some day I can return the favor.
 
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