Gurus, pls reply

H

hopeofgc

Registered Users (C)
Hi,
My I-140 and I-485 has been pending from company A as future employment. But i am currently working for company B on H1B as Programmer analyst and H1B cycle of 6 yrs comes to an end in July 2005. I can't do H1B extension.
The only option i left with is to use the EAD (which was obtained from company A) to continue working for company B.

The other question is can i use the EAD to work for company B for different position (from Programmer analyst to Lead Project Lead)?

Gurus, please reply. I really apppreciate your responses.

Thanks in advance
 
Do i need to file AC21 if i start using EAD? Is it required? Do i need to inform about my job change from programer analyst to lead ?
 
hopeofgc said:
Hi,
My I-140 and I-485 has been pending from company A as future employment. But i am currently working for company B on H1B as Programmer analyst and H1B cycle of 6 yrs comes to an end in July 2005.
I can't do H1B extension.
------------ why you cant do H1 extension? your employer CAN file 7th year H1 extension with pending I-485 reciepr copy
The only option i left with is to use the EAD (which was obtained from company A) to continue working for company B.
---------------- you can use EAD or file 7th year H1 to remain on H1 status
The other question is can i use the EAD to work for company B for different position (from Programmer analyst to Lead Project Lead)?
---------------yes
Gurus, please reply. I really apppreciate your responses.

Thanks in advance
Click to expand...
 
hopeofgc said:
Do i need to file AC21 if i start using EAD?
----------- use of EAD has noting to do with AC21
Is it required?

-------------- if you want to work with B after I-485 approval then you can use AC21( if you are eligible to use AC21) and to use AC21 the job duties have to be same/similar on employer B job offer letter
Do i need to inform about my job change from programer analyst to lead ?
---------- for AC21 job offer letter from B should have same/similar job duties as on approved LC of A
Click to expand...
 
My I-140 and I-485 has been pending from company A as future employment. But i am currently working for company B on H1B as Programmer analyst and H1B cycle of 6 yrs comes to an end in July 2005. I can't do H1B extension.

---You do have an option to file H1B extension, based on your pending either 140 or 485 receipt. I assume your application is pending for more than a year.

The only option i left with is to use the EAD (which was obtained from company A) to continue working for company B.

---You may choose to work on EAD for company B, once you do that your H1B would be invalid.

The other question is can i use the EAD to work for company B for different position (from Programmer analyst to Lead Project Lead)?

---EAD is the employment authorization document, which allows you to work as you like and as you want. In your case, you may choose to go for Project Leader.

Do i need to file AC21 if i start using EAD? Is it required? Do i need to inform about my job change from programmer analyst to lead ?

---Invoking AC21, you are changing the employer after certain condition is satisfied. There is no use of filing AC21 if you wish to start working in EAD. No, you don't have to inform about your job change. Invoking AC21, and changing job should be the same or similar.
 

I wasn't aware that H1B extension can be done based on pending I-485.
Is I-485 gotto be pending for more than 1 yr for H1B extension?


What is AC21 actually means? Because i'm thinking of using EAD to work for company B. Even though, I-140 and I-485 is being pending almost an yr at NSC filed as future employment from Company A.
I was under the impression that using of EAD to work Company B needed AC21 to invoke?
 
I wasn't aware that H1B extension can be done based on pending I-485.
Is I-485 gotto be pending for more than 1 yr for H1B extension?

---To my knowledge, Yes, either the petition has to be pending for more than 1 year to get the benifit for filing H1 extension beyond six year limit.

What is AC21 actually means? Because i'm thinking of using EAD to work for company B. Even though, I-140 and I-485 is being pending almost an yr at NSC filed as future employment from Company A.

---When you are working for Company A, and you have your 140 been approved where as your 485 is pending for more than 180 days, in such situation you can invoke AC21 to switch the employment; meaning go and work for Company B. But the job that you were performing in A has to be same or similar to B.

I was under the impression that using of EAD to work Company B needed AC21 to invoke?

---No, you don't have to invoke AC-21 while using EAD to work for company B. BUT once you use EAD to work, your H1 becomes invalid.
 
IndiraGandhi said:
To my knowledge, Yes, either the petition has to be pending for more than 1 year to get the benifit for filing H1 extension beyond six year limit.
Click to expand...

How long the I-485 is pending is irrelevant. If the LC or I-140 were filed more than 365 days ago, one can get a 7th year H1.
 
TheRealCanadian said:
How long the I-485 is pending is irrelevant. If the LC or I-140 were filed more than 365 days ago, one can get a 7th year H1.
Click to expand...

Let me make things more clear. As i said, my I-140 and I-485 is pending for almost an yr from company A is future employment using SUBSTITUTE labor. Also, i got 7th extension last year based on pending labor from company A but recently i came to know that labor(company B) got denied. My attorney said i can't get 8th yr H1B extension for company B.

Do you guys think i can still do H1 extension from company B based on pending I-140 for 1 yr at company A ? If so, there is risk involved.

So, only choice i left with to use EAD to continue work for company B ??
 
hopeofgc said:
I wasn't aware that H1B extension can be done based on pending I-485.
Is I-485 gotto be pending for more than 1 yr for H1B extension?
---------No, I-485 dont need to be pending for 1 year for H1 extension, attach the I-485 pending reciept copy with H1 extension papers

What is AC21 actually means? Because i'm thinking of using EAD to work for company B. Even though, I-140 and I-485 is being pending almost an yr at NSC filed as future employment from Company A.
I was under the impression that using of EAD to work Company B needed AC21 to invoke?
------------ if you want to go back to A after I-485 approval then no need of AC21 you can work with EAd or H1, EAD or H1 has nothing to do with AC21, if you need to work with B after GC or I-485 is approved then it is better to invoke AC21 (if your file is transfred to local office you can show company B recent pay stubs and it will be easy for you).
Click to expand...
 
hopeofgc said:
Let me make things more clear. As i said, my I-140 and I-485 is pending for almost an yr from company A is future employment using SUBSTITUTE labor.
Also, i got 7th extension last year based on pending labor from company A but recently i came to know that labor(company B) got denied. My attorney said i can't get 8th yr H1B extension for company B.
----------- you filed I-140 and I-485 based on approved LC for someone for employer A and still your I-485 is pending, if that is true then you CAN file 8th year H1 extension based on I-485 filing reciept. if the company A LC that was used for your I-140 is denied then you cant file 8th year H1

Do you guys think i can still do H1 extension from company B based on pending I-140 for 1 yr at company A ? If so, there is risk involved.
------------ if you have I-485 pending based on approved LC from A then you can get 8th year H1 extension, just attach the I-485 pending reciept copy
So, only choice i left with to use EAD to continue work for company B ??
----------- LC of company B is denied but your I-485 is still pending based on LC of A, you CAN get 8th year H1. If i am in your situation I will join B with H1 transfer ( reason : if the company A filed LC for XYZ and I-140 for that person was also filed and that person filed I-485 and uses AC21 and his I-485 gets approved before your case of LC substitution then your I-485 will be denied becase same LC cannot be used in future
READ:http://www.murthy.com/chatlogs/ch040405_P.html

Chat User : Can the labor be reused to substitute after the cancellation of an I-140? Please advise.

Attorney Murthy : An LC may be used for a different employee if the employer revoked the earlier I-140 petition, but there seems to be a new risk that the USCIS will take the position that, if the original employee obtained the GC approval under that LC, even if the employer had revoked it, the new employee and the employer cannot take advantage of the earlier LC approval.
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Thanks again Ginnu for answering for all my questions patiently. As i said, i am still on H1B on 7th yr extension on company B. I haven't switched to EAD yet. And I would like to get both 8th yr extension and transfer to company A (I-140 and I-485 is pending). Do you think it is feasible?
 
hopeofgc said:
Thanks again Ginnu for answering for all my questions patiently. As i said, i am still on H1B on 7th yr extension on company B. I haven't switched to EAD yet.
And I would like to get both 8th yr extension and transfer to company A (I-140 and I-485 is pending).
--------- let the company A file 8th year H1 extension and once H1 transfer filing reciept is recieved from USCIS join A
Do you think it is feasible?
--------YES, yes
Click to expand...
--------- if you want the H1 tranfer result in 15-20 days then file 8th year H1 with premium processing.
** as a back up keep valid EAD, if expiring in 4-5 months then also apply for renewal of EAD. it is good idea to keep valid EAD and AP
 
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