Experts...please help me...

J

JANHK

Registered Users (C)
My Situation is like this:-

1) Currently on H1B

2) I-485 pending >180 days and I-140 approved (both primary applicant is my wife and she applied under NIW)

3) I have this new job offer and they are ready to do my H1B (transfer)

4) My current employer want to keep me on a part-time basis (working on Saturdays from my home).

My questions are :-

a) If I process my H1B from the new employer, can I work part-time with the current employer? That means working full time on H1B and working part-time on EAD.

b) If I use AC-21, can I work for my current employer under 1099 rather than w-2? Is this going to create problems on the pending I-485?

c) What will happen just incase my I-485 gets denied, will I be out of status immediatley? How that works?

Your help is appreciated.
 
JANHK said:
My Situation is like this:-

1) Currently on H1B

2) I-485 pending >180 days and I-140 approved (both primary applicant is my wife and she applied under NIW)

3) I have this new job offer and they are ready to do my H1B (transfer)

4) My current employer want to keep me on a part-time basis (working on Saturdays from my home).

My questions are :-

a) If I process my H1B from the new employer, can I work part-time with the current employer? That means working full time on H1B and working part-time on EAD.
--------------- once you use EAD you will not be on H1 status. you can go for concurrent H1
b) If I use AC-21,
------------- how you can use AC21 your wife is the primary and I-140 is approved for her not for you. you are derivative I-485 pending
can I work for my current employer under 1099 rather than w-2? Is this going to create problems on the pending I-485?

c) What will happen just incase my I-485 gets denied, will I be out of status immediatley? How that works?
------------ if your wife I-485 gets denied then your derivative I-485 also gets denied all AP EAD for both of you become invalid but if you have valid H1 then you can stay and work on H1 till validity of H1
Your help is appreciated.
Click to expand...
 
Thanks for your reply.

You mean to say that I cannot use the derivative I-485 status to move to the new job? Or am I confused about this? I thought AC21 equal to EAD. It seems from your answer that, it is not equal. Sorry for my poor understanding of these things.

So do you think I can use the derivative EAD to move to the new job?

Thanks for your answers.
 
JANHK said:
Thanks for your reply.

You mean to say that I cannot use the derivative I-485 status to move to the new job?
------------ if I-140 was filed for you then you can use AC21, your employer never filed I-140 for you, your I-485 is derviative. find the AC21 memo and read. you cant use AC21. you can join new employer with EAD and once you use EAD you will not be on H1 status
Or am I confused about this? I thought AC21 equal to EAD.
-------------- AC21 is NOT equal to EAD
It seems from your answer that, it is not equal. Sorry for my poor understanding of these things.
------------ you need to read AC21
So do you think I can use the derivative EAD to move to the new job?
-------- you can use EAD but if any problem with your wife I-485 then problem for your I-485 and you both will not be having any status ( if not on H1). it is better to remain on H1 as good back up.


Thanks for your answers.
Click to expand...
 
any one who knows about this please reply

AC21 Question

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Can anyone tell me what kind of document one needs from the new employer after changing jobs. Does one need tax return or any financial documents from the new employer?? I got the offer letter. I am going to mail the offer letter and the change of job notification letter to the local office. I have worked for a long time time with my original employer(a lot longer than 180 days).

I have been posting this to different threads but no reply.

please help. My new employer is reluctant about giving the tax return because he is under the impression that tax return is only required at I140 stage and I am way past that stage.
 
Hi ginnu,

Thanks much for your reply.

Due to the part-time job I think I should work on my EAD and not process H1B. I know it is a safe back-up, but right now I don't think I can work legally on two jobs and have one H1B. It is difficult to get concurrent H1B too. Therefore I plan to go on EAD.

My only question:- what happens if my wife I-485 denied? How soon we will be out of status? Do we get time to go out of the country? She is on H1B and plans to maintain it till the approval of I-485.

Do you know the general areas a RFE is issued on a pending I-485, filed on an approved I-140 under NIW?

Thanks
 
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