Conference Call on Dec 11, 2008, Recording is now available for download

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Registered Users (C)
AC21 issues

Hi Rajiv,

If I use AC21 and (I-140 approved and I-485 past 350 days) if for some reason if my previous employer revokes I-140, will there be a problem for my wife working on EAD? Can she work while we file for MTR if AC 21 is not filed? If we file AC21 paper work and even then if USCIS wrongly does something to I-485, will it effect her work eligibility and what happens to my H1 whichis beyond 8th year.

When invoking AC21, say everything like job duties and responsibilities and job codes match and if the salary in the new job is substantially high say 40-50%, can it be supported based on the new location like NY or SFO or LA where cost of living is substantially high than the job location on labor cert.

I have a general question, if for some reason if a I-485 gets denied, can we still use just the I-140 PD related to that denied I-485 to file another I-485 if we have another I-140 approved and request the earlier PD or category if it is better and helpful based on visa bulletin.

Thanks for your help
Cognovit / Promissory Note

Hi Rajiv,

My employer who is based in OH, made me sign a Cognovit Promissory note, which states that before the end of 24 months from my joining date, if i leave the company, the company can get a court order without my notice and claim $15K from me.
Q. Is this law enforceable, as indirectly it accounts for : Work with me for a stupid low wage, if not : Pay Me.

Q. Can I move to another employer if i've filed for H1-Transfer, but not recieved receipt no. ?

I would be highly obliged if you could answer these for me.



Registered Users (C)
GC start

Dear Rajiv,

I am new registered visitor. I appreciate your service and very much thankful for your conference calls.
My Question is:
1) When H1B person typically start GC at most?

Considering my case: I am on H1B. I came to US on July 2004 and stayed 428 days and left to India on Sep 2005.
Again I came to US on April 2006(after 6 months) and continue staying. I heard that I need to start GC before completing 5 yrs of stay in US. Is it true?
As I was not in US for 6months, should I consider these 6 months for 5 yrs?

Thanks for your help.


Registered Users (C)
Hello Rajiv:
I have filed my GC from company A and received AP and EAD last year. I
have been with them on H1 for 2 and half yrs. Now I have transferred my
H1 to company B. Do I have to do anything in regards to GC process -
like does Company B have to file AC21, etc? Please advice.

Another question I have regarding my AP is - My AP expired on Oct26,
2008. I went to India and returned on Oct5th, 2008. When I entered at
the port of entry my AP document was stamped till Oct2009. Does that
mean I can travel with the same document till Oct2009 or should I file
for AP again?
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