Can experts on this forum can guide me...thanks

[every1willgetgc]

I am looking for some guidance from gurus and expert members of this forum...

My Case Details:
-140/485 ND: Nov-2004, 140 AD: Dec-2004 Labor:EB2 PD May-2001 from NJ.
-485 filed in Nov-2004..
-No EAD/AP filed yet....
-Appearing for FP in 3rd week of april...
-Still working on H1B ,1 year left on H1B

Q:How should I go about getting EAD so if needed I can use AC21 once 180 days are over due to job stability issues? I am reluctant to file my EAD before 180 days as my Employer didn't want me to file it...

(a)Is it advisable to use FOIA to get info about my Labor certification and I-140 so it can be helpful while using AC21.(I have used sub labor so I don't have many details about that).I can do it right now as I have heard that employer has no way to know that I used FOIA...

(b)I am planning to file my EAD after 180 days of my I485 are over.What happens if after filing for EAD my employer turns back and try to revoke my GC application?Is there a chance that USCIS can reject my EAD and 485 both?


I will greatly appreciate if gurus out here can throw some more light on this..


Thanks in Advance...

 

[TheRealCanadian]

I am reluctant to file my EAD before 180 days as my Employer didn't want me to file it...

An EAD is a seperate petition, so in theory there is no reason why the employer would ever find out.

What happens if after filing for EAD my employer turns back and try to revoke my GC application?Is there a chance that USCIS can reject my EAD and 485 both?

The employer can only revoke what is theirs, namely the I-140. Once USCIS gets this, then you would get a Notice of Intent to Deny - you'd have 30 days to respond with evidence of your new job.

I'd get the EAD application in the mail soon.

 

[every1willgetgc]

TheRealCanadian, thanks for prompt reply...

my only worry is if following sequence of events occurs i will can be in big trouble.

-I file my EAD
-Wait for EAD approval and 140 revocaton by employer.( this is on my assumption that employer some how knows that my EAD has been applied...In my company,they filed EAD for one employee and emploer also received notification for EAD applicationreceipt and approval.Due to this reason it makes me to believe that if I apply EAD on my own employer might be notified of my EAD application).
-485 NOID received...I don't have EAD yet so I cannot get job and cannot reply NOID.
-EAD is still in process and as I have NOID my EAD application also denied.


Q:How can my H1 which is having validity till May 2006 can help me if I am confronted with above mentioned issue?

Thanks again...

 

[GC_GoneCase]

TheRealCanadian, thanks for prompt reply...

NOID is not denial. You can submit AC21 details and port 140 to new employer.

Your H1 remains valid as long as you have not used EAD. So, even if 485 is denied and a person is working on H1, it remains valid. That is the main advantage of working on H1 as compared to EAD.


my only worry is if following sequence of events occurs i will can be in big trouble.

-I file my EAD
-Wait for EAD approval and 140 revocaton by employer.( this is on my assumption that employer some how knows that my EAD has been applied...In my company,they filed EAD for one employee and emploer also received notification for EAD applicationreceipt and approval.Due to this reason it makes me to believe that if I apply EAD on my own employer might be notified of my EAD application).
-485 NOID received...I don't have EAD yet so I cannot get job and cannot reply NOID.
-EAD is still in process and as I have NOID my EAD application also denied.


Q:How can my H1 which is having validity till May 2006 can help me if I am confronted with above mentioned issue?

Thanks again...

 

[cala]

I guess the reason your employer got EAD notice was becuase the employer filed the EAD application for that person. If you file your own EAD by yourself or your lawyer, the employer should not know it.

TheRealCanadian, thanks for prompt reply...

my only worry is if following sequence of events occurs i will can be in big trouble.

-I file my EAD
-Wait for EAD approval and 140 revocaton by employer.( this is on my assumption that employer some how knows that my EAD has been applied...In my company,they filed EAD for one employee and emploer also received notification for EAD applicationreceipt and approval.Due to this reason it makes me to believe that if I apply EAD on my own employer might be notified of my EAD application).
-485 NOID received...I don't have EAD yet so I cannot get job and cannot reply NOID.
-EAD is still in process and as I have NOID my EAD application also denied.


Q:How can my H1 which is having validity till May 2006 can help me if I am confronted with above mentioned issue?

Thanks again...

 

[GC_GoneCase]

NOID is not denial. You can submit AC21 details and port 140 to new employer.

Your H1 remains valid as long as you have not used EAD. So, even if 485 is denied and a person is working on H1, it remains valid. That is the main advantage of working on H1 as compared to EAD.

 

[every1willgetgc]

NOID is not denial. You can submit AC21 details and port 140 to new employer.

Your H1 remains valid as long as you have not used EAD. So, even if 485 is denied and a person is working on H1, it remains valid. That is the main advantage of working on H1 as compared to EAD.

thanks GC_GoneCase..

Is following possible..?

-140 approved,485 pending greater than 180 days,No EAD.
-EAD applied...Employer revoked 140,NOID received..Start job on H1B.
-Submit AC21 (still EAD approval pending)..
-Later on switch to EAD if required..

I mean to say is it possible to join different company using AC21 on H1B.. Later on apply for EAD and then use EAD once it is approved(if it is must to continue GC process)?


Thanks

 

[GC_GoneCase]

Yes that is a real situation with many of us and I do not see any problem in that.

For using AC21, you do not have to use EAD, you can do it by H1 transfer. You would require Employment Verification letter from the new employer stating same or similar job responsibilities.

You can convert from H1 to EAD anytime you want. However, switching back to H1 from EAD is different story due to new H1 applications, visa stamping issues etc.

thanks GC_GoneCase..

Is following possible..?

-140 approved,485 pending greater than 180 days,No EAD.
-EAD applied...Employer revoked 140,NOID received..Start job on H1B.
-Submit AC21 (still EAD approval pending)..
-Later on switch to EAD if required..

I mean to say is it possible to join different company using AC21 on H1B.. Later on apply for EAD and then use EAD once it is approved(if it is must to continue GC process)?


Thanks

 

[ginnu]

TheRealCanadian, thanks for prompt reply...

my only worry is if following sequence of events occurs i will can be in big trouble.

-I file my EAD
-Wait for EAD approval and 140 revocaton by employer.( this is on my assumption that employer some how knows that my EAD has been applied...

In my company,they filed EAD for one employee and emploer also received notification for EAD applicationreceipt and approval.Due to this reason it makes me to believe that if I apply EAD on my own employer might be notified of my EAD application).
************* if you file your EAD directly with out company Lawyer info then employer or your company lawyer will NOT know that you have applied EAD. your employer may have got the info for other person filing EAD through company lawyer. USCIS does not send info of EAD to employer
-485 NOID received...I don't have EAD yet so I cannot get job and cannot reply NOID.
***** you need EAD or H1 transfer for job and you can reply NOID
-EAD is still in process and as I have NOID my EAD application also denied.
**** I will file EAD and H1 transfer and join the new employer with H1 transfer filing reciept from CIS

Q:How can my H1 which is having validity till May 2006 can help me if I am confronted with above mentioned issue?
------ If you have valid H1 then you can work till H1 validity even if I-485 gets denied
Thanks again...

 

[ginnu]

thanks GC_GoneCase..

Is following possible..?

-140 approved,485 pending greater than 180 days,No EAD.
--------------------------------- join with H1 transfer
-EAD applied...Employer revoked 140,NOID received..Start job on H1B.
---------------you can do that
-Submit AC21 (still EAD approval pending)..
-------------- you can do that
-Later on switch to EAD if required..
----------------- Why not to maintain H1 if H1 transfer is filed
I mean to say is it possible to join different company using AC21 on H1B..
------------------------------ YES, new company should file H1 transfer and join the company after you get H1 transfer filing reciept
Later on apply for EAD and then use EAD once it is approved
------------ what is the harm applying EAD now? apply EAD and apply H1 transfer also
(if it is must to continue GC process)?


Thanks

 

[every1willgetgc]

thanks for clarrifications...I guess I will plan following things now...

-File FOIA for my 140/labor so I have 750A information available to me..This can help me invoke AC21 in case of NOID.....

-File EAD Application on my own for me and my spouse..Do you guys have any pointers which can help filing EAD on my own....

-Go for my FP....I will be completing nearly 5 months at this point..As mine is EB2 with 485 RD of Nov/2004 ,I am not expecting my 485 to get cleared in next couple of months...(PD: May/2002)

-Wait for both my FOIA of 140 and EAD...

-Try to invoke AC21 if needed..will make sure 485 is pending for more than 180 days..


thank you all for valuable info..

 

[ginnu]

thanks for clarrifications...I guess I will plan following things now...

-File FOIA for my 140/labor so I have 750A information available to me..This can help me invoke AC21 in case of NOID.....
********** you can do that
-File EAD Application on my own for me and my spouse..Do you guys have any pointers which can help filing EAD on my own....
************* fill up I-765 form, pay the correct fees, attach I-485 filing reciept copy, 2 passport style photographs and write your name , DOB, A# back of photograhps with pencil, Color copy of the first page of your passport that has your photograph, DOB and name. Color copy of your driving Licence, copy of I-94(front and back)
**** your spouse will have to send the same+ copy of marriage certificate( make the Fees check seprate, and her Fee check should be with her application pakage. mail the envelops to service center where your I-485 is pending and out side the envelope write in big bold letters: Form I-765for EAD
----Go for my FP....I will be completing nearly 5 months at this point..As mine is EB2 with 485 RD of Nov/2004 ,I am not expecting my 485 to get cleared in next couple of months...(PD: May/2002)
******** do the FP
-Wait for both my FOIA of 140 and EAD...

-Try to invoke AC21 if needed..
********** if your are changing employer then envoke AC21, why do you want I-485 to approved for the employer who filed I-140?
will make sure 485 is pending for more than 180 days..
*** that is requirement to use AC21


thank you all for valuable info..