is AC21 neccessary ?

[greencardin2005]

Ac21 / Eac

I am working for company ' A ' .

I used a substitute labor from Company ' B' to apply for I140/ 485 concurrently .

RD for I140 / 485 is Dec 29, 2004
and ND for I140/ 485 is Jan 10, 2005

I140 Approval Date is Feb 7, 2005 .
I have recd. EAD card as well. However I am not over the 180 days period.

My H1 visa ( 6 yrs) with company 'A' expires in 7 days and I would like to continue with them on EAD ( which i got from comany ' B' ) rather than extending my H1. Can I do that ? Company 'B' is ok with this and is co-operative since it is for future employment.

Can I use AC21 and start working on EAD or will I have to file for H1 extension because I am not over the 180 days ?

Am very confused - please advice .

 

[ginnu]

I am working for company ' A ' .

I used a substitute labor from Company ' B' to apply for I140/ 485 concurrently .

RD for I140 / 485 is Dec 29, 2004
and ND for I140/ 485 is Jan 10, 2005

I140 Approval Date is Feb 7, 2005 .
I have recd. EAD card as well. However I am not over the 180 days period.

My H1 visa ( 6 yrs) with company 'A' expires in 7 days and I would like to continue with them on EAD ( which i got from comany ' B' ) rather than extending my H1. Can I do that ?
----- you can do that but to be on H1 is good back up(if anything goes wrong with I-485)
Company 'B' is ok with this and is co-operative since it is for future employment.

Can I use AC21 and start working on EAD or will I have to file for H1 extension because I am not over the 180 days ?
----------------- AC21 can be invoked only after I-485 pending more than 180 days. If I am in your situation I will file H1 extension
Am very confused - please advice .

 

[greencardin2005]

Hi Ginnu,
Thanks for the prompt response .
I had 2 questions :

1) is there a grace period for the H1 extension ? I am not in town and will not be back until the last day of my h1 visa.

2) if I want to work for a company "C" - how do I go about it ? Can't I use the EAD card from Company " B" ? I was under the impression that once you get an EAD card , you can work for any employer.

 

[ginnu]

Hi Ginnu,
Thanks for the prompt response .
I had 2 questions :

1) is there a grace period for the H1 extension ?
---------- extension cant be filed if I-94 gets expired, extension petition must reach USCIS before I-94 gets expired
I am not in town and will not be back until the last day of my h1 visa.
----------- you dont need to be in town, provide the lawyer copy of your valid I-94 (front and back)and other papers if you have been with A then A may be having your papers and the lawyer need to get new LCA

2) if I want to work for a company "C" - how do I go about it ? Can't I use the EAD card from Company " B" ?
------------- yes, with EAD you can work with any employer A,B C D E F, if you use EAD with any employer you are not on H1 status
I was under the impression that once you get an EAD card , you can work for any employer.
--------- that is true