Is AC21 required if i transfer H1 and not use EAD?

S

sham12

Registered Users (C)
Hi,

The more I think about these issues, the more confusing they become. I want to change my employer. I have an EAD and 180 days have passed since I filed 485. If I transfer my H1 to new company and do not invoke AC21 and my ex-employer revokes i140, what will happen to my GC? I was told If I started working on EAD, I'd have to invoke AC21. I don't know if I transfer my H1 and don't use EAD, will invoking AC21 be a requirement/compulsion? As I hear that if ex-employer revokes 140 before a person invokes AC21 will get my GC application rejected. Could someone please provide some insight into this issue?

Thank you very much,

Regards,

Sham
 
sham12 said:
Hi,

The more I think about these issues, the more confusing they become.
I want to change my employer.
------------------ if your I-140 is approved and I-485 pending more than 180 days and you get job with same/similar job duties then you are eligible for AC21.

I have an EAD and 180 days have passed since I filed 485.
If I transfer my H1 to new company and do not invoke AC21 and my ex-employer revokes i140, what will happen to my GC?
---------------------- you can transfer H1 to new employer and join once you get H1 transfer filing reciept from USCIS.

I was told If I started working on EAD, I'd have to invoke AC21.
-------------wrong info. working on EAd or on H1 transfer has nothing to do with invoking AC21. You invoke AC21 with pending I-485 so that your I-485 gets approved on the same/similar job offer letter of new employer.

I don't know if I transfer my H1 and don't use EAD, will invoking AC21 be a requirement/compulsion?
---------------------- Better join with H1 transfer. once join new employer then you need same/similar job offer letter from new employer so that you can invoke AC21 with your pending I-485. if you dont invoke AC21 then USCIS may send RFE and may ask for many documents OR USCIS may NOID if they send NOID then more money to lawyer so that lawyer can reply to USCIS.
As I hear that if ex-employer revokes 140 before a person invokes AC21 will get my GC application rejected. Could someone please provide some insight into this issue?
------------------ if your I-140 is approved and your I-485 is pending more than 180 days then you are safe to invoke AC21. it does not matter if employer revoke the I-140 if you are eligible for AC21. if employer sends letter to revokes I-140 on july 12 and you join new employer on july 20 and you did not invoke AC21 on july 12 it does not matter. once you join new employer then Invoke AC21. before you join new employer ask them if they will be ready to give you job offer letter with same/similar job duties so that you can invoke AC21 with your pending I-485. Try to remain on H1 status.
Thank you very much,

Regards,

Sham
Click to expand...
------------------
 
Thank you Ginnu

Thank you very much Ginnu. It was a great help. I am trying to transfer my H1. Earlier I thought of working on EAD but because of the new USCIS guidelines, I changed my mind. The new guidelines say that if a person works on EAD with an expired I-94, he is legally out of status. My I-94 is expiring in Sept so safest way for me is to extend my H1. One question though. I don't have pay stubs and that's the reason I am transferring my H1. I am not getting paid by my employer. There is a chance that USCIS will reject my transfer application. What will happen then? Will I be able to start working on EAD immidiately? and what will become of the time period between before the transfer is rejected? For example, I leave my employer on Jul 1 and he cancels my H1. I join new employer and file H1 transfer. USCIS rejects my transfer on Aug 15. Between Jul 1 and Aug 15, will I be considered out of status? How will that impact my GC processing?

Thank you and Regards

Sham
 
Need Help in finding a good lawyer

Hi Ginnu,

It seems like you have lot of knowledge about immigration. So I was wondering if you know any really good immigration lawyer who can guid me with my 140 and ac21 situation ??

Thanks
 
my situation is

got my ead a year ago
140 no idea whats the status as I don't have the receipt number
No idea about Labout either :(
The reason I am asking you for a really really good lawyer is because my employer is a is reallygood with immigration stuff and and is he is holding all my papers and not willing to give out any information and if find out that I am planning to move she will do anything to cancel my gc.
 
aruna264 said:
Hi Ginnu,

It seems like you have lot of knowledge about immigration. So I was wondering if you know any really good immigration lawyer who can guid me with my 140 and ac21 situation ??

Thanks
Click to expand...

You need to post the details:
I-140 approved or not?
do you know when I-140 was filed? (you also signed I-140)
do you know when LC was filed?
LC/ I-140 EB3 or EB2?
Your country of birth?
I-485 pending more than 180 days? do you have I-485 filing reciept?
 
Is true rule ..?

sham12 said:
Thank you very much Ginnu. It was a great help. I am trying to transfer my H1. Earlier I thought of working on EAD but because of the new USCIS guidelines, I changed my mind. The new guidelines say that if a person works on EAD with an expired I-94, he is legally out of status. My I-94 is expiring in Sept so safest way for me is to extend my H1. One question though. I don't have pay stubs and that's the reason I am transferring my H1. I am not getting paid by my employer. There is a chance that USCIS will reject my transfer application. What will happen then? Will I be able to start working on EAD immidiately? and what will become of the time period between before the transfer is rejected? For example, I leave my employer on Jul 1 and he cancels my H1. I join new employer and file H1 transfer. USCIS rejects my transfer on Aug 15. Between Jul 1 and Aug 15, will I be considered out of status? How will that impact my GC processing?

Thank you and Regards

Sham
Click to expand...

Is it true rule that suppose you are in H1b and also has EAD but didn't use EAD so far, now if your H1B gets expired tomorrow, cann't you use your EAD and your employer file I9 form...?
I am not aware that you will be out of status if ou starts using EAD when H1b expires and you don't extend that...?

Ginuu and others please response what do you about it...?

Thanks a lot.
 
seeklabor said:
Is it true rule that suppose you are in H1b and also has EAD but didn't use EAD so far, now if your H1B gets expired tomorrow, cann't you use your EAD and your employer file I9 form...?
-------------------if H1 gets expired then you can use EAD (if you have valid EAD).
I am not aware that you will be out of status if ou starts using EAD when H1b expires and you don't extend that...?
------------------if you use EAD you will not be on H1 status and will be AOS pending.
Ginuu and others please response what do you about it...?

Thanks a lot.
Click to expand...

One can use EAD if H1 gets expired and for travel you will need valid AP. H1 has advantages. I prefer to file H1 extension USCIS before the I-94 get expired.
 
ginnu said:
One can use EAD if H1 gets expired and for travel you will need valid AP. H1 has advantages. I prefer to file H1 extension USCIS before the I-94 get expired.
Click to expand...

Thanks Ginnu, yes I agree that H1b extension is preferable, even if you have EAD and in AOS pending, however, employer, looks like, doesn't want to spend money to extend it.....
 
seeklabor said:
Thanks Ginnu, yes I agree that H1b extension is preferable, even if you have EAD and in AOS pending, however, employer, looks like, doesn't want to spend money to extend it.....
---will he pay for EAd and AP??
Click to expand...

Just inform the employer that with H1 can be approved for 3 years. Try to convince him/her.
 
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