Dilemma to use AC21 - after 8 months of vacation

A

AirForce1

Registered Users (C)
Hi Guys,

I'm in a predicatement whether to use AC21 to change companies or not. I went to my country and had to stay there for 8 months for personal reasons. Returned back to US a month back using my H1 with current employer.

Currently I do not have any project, so no pay checks since Feb'05. Now i'm comtemplating on the idea of changing companies and apply for Fulltime positions (actually, I already have an offer on hand). Is this a good idea? or do you advice me to wait for sometime till I get paychecks. FYI, i'm in good terms with my employer, and he can cooperate with me even after I leave the company.

Here is my GC situation. My I140 is approved 13 months ago, and it's been more than an year I485 was applied. My first EAD is going to expire this month, so applied for extension EAD two weeks back. BTW, how long will take to get new one - I have appoint for photos n finger prints schedule for 2nd week of Nov.

Oh, I almost forgot... Around the same time in Nov 2nd week, I have Code2 Fingerprinting scheduled. Can I expect to hear the good news from USCIS soon after the finger printing?

Mine is filed under EB2 category.

Thanks in advance guys...

-Airforce1
 
You need to check with your Attorney

As you possibly have legal status issue, you may have been out of status on H1 without payroll and you dind't use Advance parole to return
 
nato said:
As you possibly have legal status issue, you may have been out of status on H1 without payroll and you dind't use Advance parole to return
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Even if he was violating H1 status, the I-485 kept him legal. The fact that he did not enter on AP is immaterial. However, with no paystubs since February a new H1 is extremely unlikely. I'd switch jobs using the EAD.
 
i may be mistaken, but if one travels and return on H1 which is already invalid

and no AP is used
TheRealCanadian said:
Even if he was violating H1 status, the I-485 kept him legal. The fact that he did not enter on AP is immaterial. However, with no paystubs since February a new H1 is extremely unlikely. I'd switch jobs using the EAD.
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wouldn't that be taken as deemed to have abondened the adj of status and thus required to go for CP.

485 keeps one in status even if H1 has expired or a person is not working as long as one is in US, and to travel outside one should be using AP.

Just my 2 cents, go with what real canadian says
 
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out of country on approved training/vacation period

Thanks for all your replies guys...

My company has a branch in India - so returned to US based on continued employment - after a long period of combined TRAINING + Vacation - So returned on valid H1, the officer at POE let me go after second inspection.

Since he let me IN, doesn't it mean my H1 is still valid? Which means my 485 should be valid too, rite?

Is there anything which says I cannot be out of country for 7-8 months while on H1 if the company is willing to approve the training/vacation period?

As per my company's attorney, i'm in Legal status - and everything is fine! - Btw, before extending vacation, I took his advice.

Ofcourse, his advice is based on my continued employment with my consulting company I guess!!! :(

cheers,
-AF1
 
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