Invoking AC21 required?

M

mittu1

Registered Users (C)
Guru's,
I'm currently working for employer X on H1B and H1B expires on Sep 2005. However, my GC process as future employment through employer Y with I-140/EAD approved and I-485 pending for more than 180 days.

Well, what my concerns are --->
Do you think i could continue working for employer A on EAD starting Sep 2005 (after my H1B expires) ? In other words, I would like to switch from H1B to EAD.

Do i need to invoke AC21 due to above mentioned reason ? I'm not sure what to do.

Gurus(Ginnu,The Real Canadian, GINNU, Jharkhandi and others), i would really appreciate for your help.
 
mittu1 said:
Guru's,
I'm currently working for employer X on H1B and H1B expires on Sep 2005. However, my GC process as future employment through employer Y with I-140/EAD approved and I-485 pending for more than 180 days.

Well, what my concerns are --->
Do you think i could continue working for employer A on EAD starting Sep 2005 (after my H1B expires) ?
------- who is A?? earlier you wrote only X or Y do you mean A=C??
In other words, I would like to switch from H1B to EAD.

Do i need to invoke AC21 due to above mentioned reason ? I'm not sure what to do.
------------------- if you want to work with X after I-485 approval then you need to invoke AC21
Gurus(Ginnu,The Real Canadian, GINNU, Jharkhandi and others), i would really appreciate for your help.
Click to expand...
 
ginnu,

Do you think i could continue working for employer A on EAD starting Sep 2005 (after my H1B expires) ?
------- who is A?? earlier you wrote only X or Y do you mean A=C??
In other words, I would like to switch from H1B to EAD.

====> Well, what i meant is employer X (not A -- im sorry for confusion). So, if i switch to EAD (before I-485 approval) to continue working for employer X then should i need to invoke AC21 ?
 
1 .at present working with employer X on H1 status and H1 expires Sep 2005
2. I-140 filed by employer Y, I-140 is approved and I-485pending more than 180 days
Question: So, if I switch to EAD (before I-485 approval) to continue working for employer X then should I need to invoke AC21?
----------------- You can work with employer X with EAD or on H1 (I prefer to file H1 extension and maintain H1 status) and need to invoke AC21 if you want to work with X after GC.
*** Why can’t you be clear in your post? What are this X, Y then A, you could have posted so that others understand your situation and can answer
 
ginnu said:
1 .at present working with employer X on H1 status and H1 expires Sep 2005
2. I-140 filed by employer Y, I-140 is approved and I-485pending more than 180 days
Question: So, if I switch to EAD (before I-485 approval) to continue working for employer X then should I need to invoke AC21?
----------------- You can work with employer X with EAD or on H1 (I prefer to file H1 extension and maintain H1 status) and need to invoke AC21 if you want to work with X after GC.
*** Why can’t you be clear in your post? What are this X, Y then A, you could have posted so that others understand your situation and can answer
Click to expand...

Ginnu, thanks for your response and i'm sorry for making you confused.
Well, i would like to maintain H1 status as well, but only problem is i need to bear all the expenses incurred for H1 extn on yearly increment. Moreover, with my PD 04/2003 and EB3(retrogressed country), you see there is loooooong wait and not sure how many yrs should i keep doing H1 extn.
 
Hi mittu1,
I have seen somewhere saying that we can apply for 3 year H1B increment if we have 140 approved and waiting for 485. I hope thats apply to transfering cases also.

Correct me if I am wrong....
 
HARRY007 said:
Hi mittu1,
I have seen somewhere saying that we can apply for 3 year H1B increment if we have 140 approved and waiting for 485. I hope thats apply to transfering cases also.

Correct me if I am wrong....
Click to expand...

I'm not sure if it's applicable for I-140 approved and pending I-485 cases.

I was under the impression this new law is for those whose I-140 approved but are unable to file or complete I-485 applications because of the visa number unavailability in his/her case and they can apply for the H1 extension in 3 yrs increment.

May be i interpret the new law incorrectly?
 
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