help needed

S

srisathya

Registered Users (C)
Hi,

My 6th year H1 is going to expire on Jan 2005. I had applied I-140&I-485
on 11/10/2003 still no word on it . I got my EAD&AP in May 2004.Currently i am out of project and my company says they cant keep me on bench for more than 2weeks with out pay.They are asking me to go back to my offshore in India and work from there. I cant use AC-21 because of my I-140.
My question is

1.How long a person can stay on H1 with out pay, is there any rule?
2.If staying on H1 with out pay is a problem Can i shift to EAD?
3.If i transfer my H1 to some other company, can they be able to apply H1 7th year extension, my current labor priority date is 04/04/03.
4.shall i take the risk of shifting to EAD and join other company?

please give your valuable suggestions.
appreciate your help

thanks
Srisathya
i-140/i-485/i765/i131 RD 11/10/2003
I1765/I131 AD 05/2004
FP done on 05/12/2004 and updated on 05/25/2004
I140 AD ???
I485 AD ???
 
if they continue sponsor ship on GC.. then go with EAD for new job..

other wise use AC21 for shifting job.



srisathya said:
Hi,

My 6th year H1 is going to expire on Jan 2005. I had applied I-140&I-485
on 11/10/2003 still no word on it . I got my EAD&AP in May 2004.Currently i am out of project and my company says they cant keep me on bench for more than 2weeks with out pay.They are asking me to go back to my offshore in India and work from there. I cant use AC-21 because of my I-140.
My question is

1.How long a person can stay on H1 with out pay, is there any rule?
2.If staying on H1 with out pay is a problem Can i shift to EAD?
3.If i transfer my H1 to some other company, can they be able to apply H1 7th year extension, my current labor priority date is 04/04/03.
4.shall i take the risk of shifting to EAD and join other company?

please give your valuable suggestions.
appreciate your help

thanks
Srisathya
i-140/i-485/i765/i131 RD 11/10/2003
I1765/I131 AD 05/2004
FP done on 05/12/2004 and updated on 05/25/2004
I140 AD ???
I485 AD ???
Click to expand...
 
1.How long a person can stay on H1 with out pay, is there any rule?
==> There is no rule, but it is advisable to not be without pay for any length of time as this could come to haunt you during 485 stage. Basically if you are not paid on H1, you are out of status.

2.If staying on H1 with out pay is a problem Can i shift to EAD?
==> Yes

3.If i transfer my H1 to some other company, can they be able to apply H1 7th year extension, my current labor priority date is 04/04/03.
==> Yes. And this would be your best bet. I would sugest go for this option.

4.shall i take the risk of shifting to EAD and join other company?
==> You can, but as you said it is a 'risk'. Option 3 is your best bet.

sertra2002
 
Talk to your company and find out if they will keep the processing alive if you use your EAD and work for someone else. Also ask your lawyer if it is possible to transfer the H1 to a new company ( assuming your GC process is kept alive from the sposoring company). You can get 7th extension for the new company provided you can transfer your H1 as long as you have 140 pending.

You cannot use AC21 without your 140 approval. So dont take the EAD route.

HTH
 
Hi,
Thanks for your replys,
I have a doubt on 7th year extension, can the new company apply for 7th year extension basing on labor applied by my current employer.Is it possible.

thanks
Srisathya
 
sertra2002

Please advise C Blo..........


sertra2002 said:
1.How long a person can stay on H1 with out pay, is there any rule?
==> There is no rule, but it is advisable to not be without pay for any length of time as this could come to haunt you during 485 stage. Basically if you are not paid on H1, you are out of status.

2.If staying on H1 with out pay is a problem Can i shift to EAD?
==> Yes

3.If i transfer my H1 to some other company, can they be able to apply H1 7th year extension, my current labor priority date is 04/04/03.
==> Yes. And this would be your best bet. I would sugest go for this option.
How it will be possiable?? sertra2002 Please advise

4.shall i take the risk of shifting to EAD and join other company?
==> You can, but as you said it is a 'risk'. Option 3 is your best bet.

sertra2002
Click to expand...
 
No..It may not possiable...........Use AC21.........

srisathya said:
Hi,
Thanks for your replys,
I have a doubt on 7th year extension, can the new company apply for 7th year extension basing on labor applied by my current employer.Is it possible.

thanks
Srisathya
Click to expand...
 
srisathya said:
Hi,
Thanks for your replys,
I have a doubt on 7th year extension, can the new company apply for 7th year extension basing on labor applied by my current employer.Is it possible.

thanks
Srisathya
Click to expand...

I am not sure on this. I think it may be possible, but you need to confirm with a lawyer and not go by the 'knowledge' of us forum members :) !
 
Sure, U can apply for 7th year

Two of my friends have applied 7th year ext based on previous company pending labour. As you have time till Jan 2005, you can apply regular H1 first, then apply for 7th year based on previous company labour.
 
gkb said:
As you have time till Jan 2005, you can apply regular H1 first, then apply for 7th year based on previous company labour.
Click to expand...

That is a good point that gkb made. You can switch to a different employer on H1 as you still have time till Jan 2005 on yout H1. During this time your I-140 may get approved and you can use AC21 safely (maybe I-485 too as we have started seeing concurrent approvals for NSC).
If by Dec 2004 looks like your I-140 is still not cleared, then go for 7th year extension with new compnay using labor from old company. But in all this you have to make sure that 1) under law 7 th year extension is possible with different company and 2) old employer does not revoke/withdraw I-140 at any stage.
 
Hi,
If i had joined a new company and they applied 7th year extension basing on my current i140,after getting 7th year H1 if my current i140 got denied then the 7th year H1 is valid?. Can i start my GC process again from the new employer?

thanks
srisathya
 
Who told you that AC21 requires 140 approval? and C Blo

srisathya said:
Hi,
If i had joined a new company and they applied 7th year extension basing on my current i140,

Labor is for the company, so U can get the 7th year to work for labor holding company.
after getting 7th year H1 if my current i140 got denied then the 7th year H1 is valid?.
No issue

Can i start my GC process again from the new employer?
U can

thanks
srisathya
Click to expand...
 
bcis said:
Who told you that AC21 requires 140 approval? and C Blo
Click to expand...

bcis,

This is a grey area and there r 2 views on whether approved I-140 is required or not for AC21. There have been big discussions on this, and I think both points can be argued for. But the safer approach is to avoid using AC21 until I-140 is approved, only because this is still a grey area. So in his situation if he can use H1 tarnsfer till I-140 is approved, that would be ideal. If however he has NO other option then he can use AC21 without an approved I-140.

Also, I am not sure that you can only get 7th year extension for labor holding company. My view is you can use the pending labor to get extension for a different company also. But this needs to be confirmed by an immi. lawyer.
 
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