Ginnu, United Nations: Need to leave job....dont have new one....cant apply for AC21

S

santosh_30

Registered Users (C)
All:

I have my 140 approved and it will be 6 months since applying for 485 in one more month. I REALLY REALLY need to leave this job due to very bad working conditions but I dont have another one and getting one with similar description and duties will take some time in my field (I am not in software field...i am in chem engg).

I was planning to renew my H1 B for 3 years with my current company and then leave so that I can continue working on H1B with my new company when I do find a new job.

My question is, since it will be a while before my 485 is processed (my PD is May 2002), can I
a) Leave this job and take a break (my H1B will be extended till Dec 2009)
b) During the break, do odd jobs just to survive...like work in a coffee shop, for e.g., But I will have to use EAD...and wont that revoke my H1 B status?
c) WHen I find the right job (correct title and description), join another company on H1B visa and invoke AC21

Does all this make sense? United Nations, Ginnu, please advise.

Thanks,

Santosh
 
santosh_30 said:
All:

I have my 140 approved and it will be 6 months since applying for 485 in one more month.
----------- you will be eligible for AC21 once I-485 pending hits 180 days
I REALLY REALLY need to leave this job due to very bad working conditions but I dont have another one and getting one with similar description and duties will take some time in my field (I am not in software field...i am in chem engg).
----------------better stick with the present employer or find new employer
I was planning to renew my H1 B for 3 years with my current company and then leave so that I can continue working on H1B with my new company when I do find a new job.
-------------- extend the H1 then join new employer with H1 trasfer
My question is, since it will be a while before my 485 is processed (my PD is May 2002), can I
a) Leave this job and take a break (my H1B will be extended till Dec 2009)
b) During the break, do odd jobs just to survive...like work in a coffee shop, for e.g., But I will have to use EAD...and wont that revoke my H1 B status?
----use of EAD will invalidate H1 status
c) WHen I find the right job (correct title and description), join another company on H1B visa and invoke AC21

Does all this make sense? United Nations, Ginnu, please advise.

Thanks,

Santosh
Click to expand...
 
Thanks Ginnu...just need some clarification

Ginnu:

Thanks a lot! I really appreciate it.

Just some clarification. Assuming I get my H1B extended for another 3 yrs...and then lets say there is a layoff in my company (it is quite probable), then I will be unemployed for some time (say 3-4 months) until I find another job on H1B, and I wont do an "odd job" using my EAD since I dont want my H1B to be invalidated, will my stay in the US during those 3-4 months be illegal? Or does the fact that I have an approved EAD in hand (but not used) make my stay legal?

Also, when I apply for my EAD and AP renewal every year, do I have to employed.

Thanks in advance,

Santosh
 
santosh_30 said:
Ginnu:

Thanks a lot! I really appreciate it.

Just some clarification. Assuming I get my H1B extended for another 3 yrs...and then lets say there is a layoff in my company (it is quite probable), then I will be unemployed for some time (say 3-4 months) until I find another job on H1B, and I wont do an "odd job" using my EAD since I dont want my H1B to be invalidated, will my stay in the US during those 3-4 months be illegal?
---------- stay will not be illegal as you have I-485 pending but you may be out of status on H1. if you know that company may have layoff then search for new employer and join with H1 trasfer
Or does the fact that I have an approved EAD in hand (but not used) make my stay legal?
------------you have I-485 pending and you will be AOS pending
Also, when I apply for my EAD and AP renewal every year, do I have to employed.
---------------EAD, AP forms dont ask if you are employed or not, EAD AP is based on Pending I-485.
****one need to have future permanent job offer at the time I-485 is approved
Thanks in advance,

Santosh
Click to expand...
 
Santosh, one thing that I may add, rumours are that if you change jobs using AC21 and sponsor employers attempts to withdraw I-140, chances are your priority date may not be retained. Not sure if this is true or not, but that's what my lawyer told me. Read immigration-law.com FAQ 45 for the same concern. That risk made me walk away from AC21 - since I had the choice. This type of hidden rule is what drives me nuts. If USCIS really wanted to cooperate, they could have said YOU CAN CHANGE JOBS AFTER I-140 is approved. just a comment.

santosh_30 said:
All:

I have my 140 approved and it will be 6 months since applying for 485 in one more month. I REALLY REALLY need to leave this job due to very bad working conditions but I dont have another one and getting one with similar description and duties will take some time in my field (I am not in software field...i am in chem engg).

I was planning to renew my H1 B for 3 years with my current company and then leave so that I can continue working on H1B with my new company when I do find a new job.

My question is, since it will be a while before my 485 is processed (my PD is May 2002), can I
a) Leave this job and take a break (my H1B will be extended till Dec 2009)
b) During the break, do odd jobs just to survive...like work in a coffee shop, for e.g., But I will have to use EAD...and wont that revoke my H1 B status?
c) WHen I find the right job (correct title and description), join another company on H1B visa and invoke AC21

Does all this make sense? United Nations, Ginnu, please advise.

Thanks,

Santosh
Click to expand...
 
Ginnu:

I dont know how to thank people like you. Here is my lawyer whom I have paid thousands for legal consultation and never replies to e-mails. And then there are people like you who help out others and ask for nothing in return. I am sure you will accumulate all this good "karma" and will benefit from it in some way.

Thanks,

Pravin
 
One last clarification

Ginnu:

I needed one last clarification. You said that I wont be illegal but I will be out of status for H1B (if I am without a job for a few months). If one is out of status on H1B, then does he become ineligible for H1B transfers and so will be forced to use EAD?

THanks,

Santosh
 
MARLON,

You are right. Ac21 portability means nothing in this case when employer revokes. Any way you look at it, ultimately looks like the meployer wins.
 
santosh_30 said:
Ginnu:

I needed one last clarification. You said that I wont be illegal but I will be out of status for H1B (if I am without a job for a few months).
If one is out of status on H1B, then does he become ineligible for H1B transfers and so will be forced to use EAD?
----------------- If you tranfer H1 you need 2-3 recent pay stubs, if you dont have recent pay stubs your H1 trasfer will be rejected, best option is to file H1 trasfer ASAP (I have seen cases approved who filed h1 transfer after 20-30 days of lay off, but it does not work always)
-----if not eligible for H1 then use EAD and file renewal of EAD AP on time(4-5 months advance)
THanks,

Santosh
Click to expand...
 
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