Job loss....Change of employer...Please help!!

A

akn_sv

Registered Users (C)
Hello Experts,

I am in need of expert advice. I work for a small consulting company (Company A) which holds my H1 and sponsoring my GC. I am currently working at a client (Company B) as a consultant. Because of bad economy conditions, my client(Company B) is about to terminate my contract and if it happens my employer cannot pay salary to me and I will end up staying without salary or have to go back to home country. But, my client is kind enough to offer me a fulltime if I am interested. As per the company policies, they do not accept H1B people. My GC situation is : Labor approved(2005), I-140 approved(2006),I-485 pending(July 2007), have EAD and AP. I am well past the 180 day period to use Ac-21. If I do not take fulltime now and if my contract gets expired, based on the current economic conditions, I may miss the best and easiest opportunity to get job.

Here are my questions. I apologize for my ignorance in this matter if the questions are too basic.

1. Are there any risks involved in accepting fulltime employment with EAD while my GC is in progress?

2. My H1 is valid till Dec 2010 and I am planning to to maintain good relations with my current employer even if I switch to new employer. I am pretty sure they do not cancel my H1. God forbid, If something wrong happens with new employer before my current H1 expires, can I switch back to the present employer? What steps do I need to take?

3. The job description is same/similar to the GC sponsored job. Do I need to invoke Ac21 even if I use EAD?

4. How will it affect the dependent applicant? My wife has EAD too. Will her H4 be automatically cancelled if I switch to EAD? Does she needs to maintain her EAD like mine without expiration?

5. If I ever have to comeback to H1 after my current H1 expires(Dec 2010), I read somewhere that I will not be subject to cap. Is it correct?

6. Do I need to inform my attorney that I changed employer as they are representing both me and my curreent employer in GC process?

Thank you very much in advance.
 
akn_sv said:
Hello Experts,

I am in need of expert advice. I work for a small consulting company (Company A) which holds my H1 and sponsoring my GC. I am currently working at a client (Company B) as a consultant. Because of bad economy conditions, my client(Company B) is about to terminate my contract and if it happens my employer cannot pay salary to me and I will end up staying without salary or have to go back to home country. But, my client is kind enough to offer me a fulltime if I am interested. As per the company policies, they do not accept H1B people. My GC situation is : Labor approved(2005), I-140 approved(2006),I-485 pending(July 2007), have EAD and AP. I am well past the 180 day period to use Ac-21. If I do not take fulltime now and if my contract gets expired, based on the current economic conditions, I may miss the best and easiest opportunity to get job.
-----------------------------join the new employer with EAD (if they dont transfer H1) then invoke AC21.
Here are my questions. I apologize for my ignorance in this matter if the questions are too basic.

1. Are there any risks involved in accepting fulltime employment with EAD while my GC is in progress?
----------------------------I dont see problem because of EAD use
2. My H1 is valid till Dec 2010 and I am planning to to maintain good relations with my current employer even if I switch to new employer. I am pretty sure they do not cancel my H1. God forbid, If something wrong happens with new employer before my current H1 expires, can I switch back to the present employer? What steps do I need to take?
----------------------one you use EAD your H1 status will be invalid. one can enter again On H1 if has H1 stamp and can be on H1 if H1 is not revoked by H1 holder employer.
3. The job description is same/similar to the GC sponsored job. Do I need to invoke Ac21 even if I use EAD?
-------------------------first join new employer then get Job offer letter to invoke AC21.
4. How will it affect the dependent applicant? My wife has EAD too. Will her H4 be automatically cancelled if I switch to EAD? Does she needs to maintain her EAD like mine without expiration?
-----------------if Primary H1 holder uses EAD then H4 is not valid as the primary will not be on H1.
5. If I ever have to comeback to H1 after my current H1 expires(Dec 2010), I read somewhere that I will not be subject to cap. Is it correct?

6. Do I need to inform my attorney that I changed employer as they are representing both me and my curreent employer in GC process?
-------------------------- better to change attorney or revoke the form G28 filed by lawyer.
Thank you very much in advance.
Click to expand...
--------------first get the job then post for invoking AC21.
 
Thank you very much Ginnu. This is my first post on this forum but I have seen countless advices/replies from you in different topics. It is because of people like you that people are getting answers for their dilemmas and not requiring them to go to lawyers and spend tons of money just for getting advice. Please keep your good work going!!!!

I will post again if I have further questions down the line.
 
Issues during changing employer/company while GC is in process

Hi there,

Thanks to both for the detailed question and an excellent answer.

I am also almost in same situation, but the only difference is, I still have my job, but my contract at client is about to end. So, I am looking for a job now and preferably permanent job at another employer. My question is, what precautions I should take in this process. Should I consider the salary difference as a problem? If yes, how much low I can go in setting the salary criteria compared to the old job in terms of actual $ amount or percentage?

E.g. Let us say that I am getting $ 80K salary now, and on my labor application, the wage mentioned was 60K. Should my new salary at new/future company be >= 60K to avoid any problem? Or is there any other criterion to worry about?

Should I tell my present employer before changing the job about the whole thing or don't even give a hint of job change until all process is over. As of now I am in good terms with my employer, but we never know how the employer reacts to this news.

Any advice is greatly appreciated.
 
Ramesh0129 said:
Hi there,

Thanks to both for the detailed question and an excellent answer.

I am also almost in same situation, but the only difference is, I still have my job, but my contract at client is about to end. So, I am looking for a job now and preferably permanent job at another employer.
My question is, what precautions I should take in this process.
-------------file AC21 once join new employer.
Should I consider the salary difference as a problem?
------------------USCIS dont care much for salary difference they look for same/similar job duties on new job offer letter.
If yes, how much low I can go in setting the salary criteria compared to the old job in terms of actual $ amount or percentage?

E.g. Let us say that I am getting $ 80K salary now, and on my labor application, the wage mentioned was 60K. Should my new salary at new/future company be >= 60K to avoid any problem? Or is there any other criterion to worry about?

Should I tell my present employer before changing the job about the whole thing or don't even give a hint of job change until all process is over.
--------------- that you have to decide. many dont inform and join new employer.
As of now I am in good terms with my employer, but we never know how the employer reacts to this news.
----------------past employer cant do anything if 140 is approved and I-485 pending more than 180 days. if the past employer revoke I-140 still you are eligible for AC21.

Any advice is greatly appreciated.
Click to expand...
-------------
 
Joined new employer.....

Hi Ginnu,

I have finally joined my new employer and got my first paystub also. Now I would like to invoke AC-21. Here are my questions.

1. My offer letter does not contain job description. It just contains my start date, salary and other information. Is it ok if I get the job duties letter from my tech manager and is just signed by my tech mamager? or should I get only from my HR dept?

2. Should I include my latest paystub on my AC21 application as additional proof that I am working for my new employer as just having offer letter and job duties does not guarentee that I am working for my new employer?

Again, thanks for your help.
 
akn_sv said:
Hi Ginnu,

I have finally joined my new employer and got my first paystub also. Now I would like to invoke AC-21. Here are my questions.

1. My offer letter does not contain job description. It just contains my start date, salary and other information. Is it ok if I get the job duties letter from my tech manager and is just signed by my tech mamager? or should I get only from my HR dept?

2. Should I include my latest paystub on my AC21 application as additional proof that I am working for my new employer as just having offer letter and job duties does not guarentee that I am working for my new employer?

Again, thanks for your help.
Click to expand...
You should get the permanent job offer letter to invoke AC21. The letter should be signed by the person who sign the immigration related documents for the company.
Letter should contain job duties, salary, date you joined. You CAN attach the copy of latest pay stub with job offer letter. Keep the copy of each document that you send to USCIS.

find the Sample letter below and make corrections according to your situation:

TO WHOSOEVER IT MAY CONCERN


Date:
Dear Sir/Madam:

This is to certify that XYZ is a permanent employee at our company ABCD Inc.

XYZ has been with us since…….. His annual salary is 000, 000, and his job duties include:

------------------------------------------, -------------------…………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………… ………………………...

We expect to continue employ him.

Accordingly, we respectfully request that you grant his approval of the I-485 application/Immigrant Visa in order for him and his family to obtain their permanent residency status soon. Thank you for your assistance.


Sincerely,





GABBAR SINGH

President, RAMGARH, Inc
__________________
 
Thank you very much for your quick reply. My new employer does not deal with immigration issues and they employ only candidates that do not require sponsorship. But as I explained my situation well in advance, they said they can help me out. As all the points mentioned in the above letter are not covered in my offer letter, I may have to get a separate letter with the above format.

1. So, Can I get this letter from my tech manager or should I get from HR?

2. Also, I am assuming the job descriptions that USCIS compares is my new job description and the job duties of Item 11 of section H on my ETA form 9089. Am I correct?

Thanks in advance for your reply.
 
akn_sv said:
Thank you very much for your quick reply. My new employer does not deal with immigration issues and they employ only candidates that do not require sponsorship. But as I explained my situation well in advance, they said they can help me out. As all the points mentioned in the above letter are not covered in my offer letter, I may have to get a separate letter with the above format.

1. So, Can I get this letter from my tech manager or should I get from HR?
----------------------HR Or President or VP.Letter should be on company letterhead with date and name of company and designation of the person who sign the letter.

2. Also, I am assuming the job descriptions that USCIS compares is my new job description and the job duties of Item 11 of section H on my ETA form 9089. Am I correct?

--------------------------- Read the below Link in details:
http://forums.immigration.com/showthread.php?t=298094

Thanks in advance for your reply.
Click to expand...
-----------------------
 
If you may get the "Position's requirements at the time of hiring" in addition to What Ginnu suggested for AC21 usage letter, that would be good. I got an
RFE for that. My lawyer have me another similar letter with addition of "Position's requirements at the time of hiring - minimum Bachelor's + 2 years experience" and current date from my HR and be done with it.

Other thing to remember: Job duties and Title SHOULD be "Cut and Paste" of the content of PArt A of you approved labor. On top of that whatever additional detail your HR wants to write that would be fine but USCIS guy should be able to find the "similar" words as per your Part A of approved labor.
 
I am getting back to this thread after a long time...and I wanted to update my status. I received an email on 8/6 that my case has been registered for permanent residency status and today(8/9) I received one more email that says my card production has been ordered. Thank you gurus for all your valuable suggestions and good luck for all who have been waiting for their GC. To update the facts.....after a lot of thinking and reading different forums and expert advises, I decided to take a chance and did not apply my AC-21. But, I gathered all the required documents from my current employer, just in case if I get an RFE. Even though I do not advise anyone to follow what I did, it gives some information for people who are in the same boat.

Special thanks to "ginnu" and please continue your good work whenever and as long as you can. I am sure thousands of people have benefitted from your expertise.
 
akn_sv said:
I am getting back to this thread after a long time...and I wanted to update my status. I received an email on 8/6 that my case has been registered for permanent residency status and today(8/9) I received one more email that says my card production has been ordered. Thank you gurus for all your valuable suggestions and good luck for all who have been waiting for their GC. To update the facts.....after a lot of thinking and reading different forums and expert advises, I decided to take a chance and did not apply my AC-21. But, I gathered all the required documents from my current employer, just in case if I get an RFE. Even though I do not advise anyone to follow what I did, it gives some information for people who are in the same boat.

Special thanks to "ginnu" and please continue your good work whenever and as long as you can. I am sure thousands of people have benefited from your expertise.
Click to expand...

Good Luck!!!
 
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