EAD/AC21 (UnitedNations please help urgent!!)

labornc

Registered Users (C)
Hi guys
My details are in my signature. I have accepted an offer from my client. As 180 days have not passed, the new employer's lawyer initially agreed that there is risk and will file H1B because as per their experience USCIS never asked proof if employee had left and joined new employer before 180 days. The job description MUST match.
As the time went by due to some issues my contract may not be extended and new employer wants me join on EAD (valid until Nov'05). The lawyers are saying that I can join as my 140 has been approved. What could be potential problems in future.

My sponsoring employer is very good, he doesn't have any problem. He tells me to do whatever good for me....


Thanks for your attention.....

Please help...
 
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Thanks for your quick reply. I really appreciate your help.. YOU ARE AN ASSET TO THESE FORUMS...

One thing is sure that my currrent employer will not revoke 140. The second thing is I have to hope that my 485 does not get approved :-( before 6 months. I think I still haven't got my FP so I don't foresee my 485 will be approved before May 6.

Also, I just got a reply from attorney too, that my new employer had not given 180 days information to them. I guess my company will atleast have to extend my contract by 2 weeks and in the meantime, I will send H1 documents for filing..

what do you think ?





unitednations said:
potential problems: employer revokes 140 before your 485 has been outstanding for more then six months,

second potential problem; 485 gets approved before 6 months. if this happens, you would have to join employer who sponsored 140 once the greencard gets approved.
 
labornc,

the best thing is to wait until 6 months passed. you can go on h1 instead of EAD as you cant use AC21 now. I feel at this time you should not use EAD to join new employer without 180 days not passed. be where you are till end of May-05. opportunities will always come. :D
 
Jam, I always wanted to follow that route but some things are not in our control...I just pray nothing bad happens to my case... I have waited for this opportunity for last 3 years... whereas for Green card almost similar time... I am already in 8th year now.. I am too fed up with consulting even though it pays more. The current client will be paying me about the same money. I don't see problem with pay and job title too.

do you guys see any problem joining after getting receipt notice of H1 from new employer in another 2 weeks or so... I can ask my current employer to be on their payroll until May. I could go on new employer's payroll starting april in first week...

also should I ask for H4 for my wife alongwith my H1, she already has EAD and looking for job...
 
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Labornc,
If you continue on your current employer's payroll till May'05 and join anothre employer in April'05 on H1, I think it would mean you are doing two jobs concurrently- either fulltime or part time. Do you plan to be on H1 at both the employers or you are using EAD ?
Chen.
labornc said:
Jam, I always wanted to follow that route but some things are not in our control...I just pray nothing bad happens to my case... I have waited for this opportunity for last 3 years... whereas for Green card almost similar time... I am already in 8th year now.. I am too fed up with consulting even though it pays more. The current client will be paying me about the same money. I don't see problem with pay and job title too.

do you guys see any problem joining after getting receipt notice of H1 from new employer in another 2 weeks or so... I can ask my current employer to be on their payroll until May. I could go on new employer's payroll starting april in first week...

also should I ask for H4 for my wife alongwith my H1, she already has EAD and looking for job...
 
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