EB1A Self Petition - does it require AC21?

[kulbikr]

Hi I have an EB1-EA self petition pending at TSC and I have to take a month off from work before I join my new work place and I am currently on H1B. My current employment will end on June 29th and the new job begins August 1st.

I have a couple of questions if any of the gurus can advise....

1. Its been 265 days since my rd so I obviously am past the 180 days but does the AC21 apply to self petitions also or just the ones through employer and LC? In other words do I need to file an AC21 to join new job?

2. Is it a problem that I will not be officially employed for one month before I transfer to the new job in August on my EAD? I will obviously lose my H1B status the day I stop working but do I need to use my EAD asap or can I wait a month before going on that.

Ginnu, Real canadian....anyone please reply its urgent.

 

[ginnu]

Hi I have an EB1-EA self petition pending at TSC and I have to take a month off from work before I join my new work place and I am currently on H1B. My current employment will end on June 29th and the new job begins August 1st.

I have a couple of questions if any of the gurus can advise....

1. Its been 265 days since my rd so I obviously am past the 180 days but does the AC21 apply to self petitions also or just the ones through employer and LC?
-----------------better you send new employer job offer letter and update USCIS( your I-140 is in EB1-EA and you need the job offer in same Extraordinary ability field)
In other words do I need to file an AC21 to join new job?
--------------- you can file after you join
2. Is it a problem that I will not be officially employed for one month before I transfer to the new job in August on my EAD?
----not a problem, I dont know if your I-140 is approved or not, If I-140 is not approved better not to use EAD and join with H1 transfer
I will obviously lose my H1B status the day I stop working but do I need to use my EAD asap or can I wait a month before going on that.

Ginnu, Real canadian....anyone please reply its urgent.

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[kulbikr]

Hi Ginnu TY for the prompt reply....

Yes my I-140 has been approved as stated in my Signature....and my EAD is valid for 1 year now....so that should not be a problem. My main concern was regarding being out of a job and wasn't sure if people had done that on a pending 485...ty.

So I do need to file an AC21....well thats what I wanted to confirm. I will have the new employment letter sent to USCIS with the necessary updates.

Thanks again....

 

[ginnu]

Hi Ginnu TY for the prompt reply....

Yes my I-140 has been approved as stated in my Signature....and my EAD is valid for 1 year now....so that should not be a problem.
My main concern was regarding being out of a job and wasn't sure if people had done that on a pending 485...ty.
---------------- once I-485 is filed or pending one can be out of job but at the time of I-485 approval you need to have job offer
So I do need to file an AC21....well thats what I wanted to confirm. I will have the new employment letter sent to USCIS with the necessary updates.
------Yes, do that ( keep the copy of each document you send to USCIS)
Thanks again....

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