1). I have my approved I-140. My I-485 was received at one of the USCIS center on Nov. 27th. So it has been only three months now.
What if my employer goes out of business now (Less than 180 days) and my I-485 case is still pending?
Out of business....it can be simply close the doors without filing for bankruptcy or filing for bankruptcy (any chapter)? Does it matter?
2). So how can i change the job in this case considering that i don't want to spoil this whole green card process? And keeping the I-485 application still alive.
3). If i can avail AC21, then when do i need to inform USCIS? Which documents? Any fees?
Should i submit a letter to employer that i intended to remain with initial employer indefinitely but they went out of business.
Also, I ssume the job letter should have same job description as my LC & vis apetition. How about salary? How about geographic location (different state)? Does it matter?
4). Many people say that even in such cases, if employer is out of business, i should wait for 180 days before i change the job (with ofcourse same job description). Is that true? Then there will be a gap of three months and what if i get RFE (or NOID) from USCIS to show the pay stubs during this time?
5). So my point here is can i change job immediately after three months (before 180 days)....though not intentioanlly but if my employer goes out of business or should i wait until 180 days to complete?
6). There can be another case too....At this time, i am not looking for any new job hoping that this company won't be out of business if management makes some positive decisions OR if this company does not go out of business for 180 days..........
BUT if that doesn't happen and if i can NOT immediately find a job, then what will happen during that period? What if i get any RFE for any kind of a proof etc. etc? Would my I-485 be denied?
5). Then what if my case gets reviewed during this time, and USCIS knows that my employer has gone out of business (or filed for bankruptcy).........Would i get RFE or my case would be rejected automatically b/c i didn't inform USCIS for AC-21 (assuming that i wanted to wait for 180 days).
6). So when do i need to inform USCIS? Immediately if i get a new job right after the bad situation? OR wait until 180 days have passed since the submission of I-485, and then submit MY intent letter and a letter from new employer in order to invoke the portability doctrine?
6). Say, i get the other job (same job description), what would be my visa? Would i stay on H-1B or go to EAD (I have valid EAD as well as Advance Parole).
7). If H-1B, then it means i need to get it transfered..........How that would affect my existing I-485 case and PD? I assume my GC process has to start from the scratch if i decide to stay on H-1B and get it transfered. Correct?
8). If i go to EAD, then what would be the pros & cons? Can i apply for renewal every year? What documents would i need to show for EAD renewal? I won't have any pay stubs for remaining three months and that gap can cause the problem? Won't that create problem for me and i can be out of status in such case and EAD won't be renewed? .
9). If i go to EAD, my wife doesn't avail her EAD, so can she be on H4 or she automatically gets H4 cancelled and will be on EAD?
10). If company goes out of business, files for bankruptcy (any chapter), then what will happen to approved to I-140?
Would it still be considered as valid? If my employer does not revoke it or withdraw it. How about my PD?
11). I have a valid travel document....so if i travel outside the USA and employer gets out of business during this time, so what will happen? Can i re-enter?
Can i then change job based on AC21 (before or after 180 days) ? Visa at that time would be EAD or H-1B? Can i apply for EAD later on for renewal?
12). At the port of entry, what do i need to tell if they ask where do i work (and if employer gets out of business while i am outside the US). Should i show them EAD or H-1B approval notice? Should i still tell them i work at initial employer?
12). Let's say that my employer goes out of business.........Should i get any letter from my initial employer that they won't revoke or withdraw my I-140? How about the intent letter that this employee intended to stay here but we are out of business now?
How about getting any letter from new employer incase this happens in addition to get a same job description letter?
Any suggestions?
13). If the employer is out of business before 180 days and i can't find a job for 2-3 months, should i immediately switch to self-employment? What would be the pros & cons?
13). How about after 180 days (if employer goes out of business after 180 days)? i think i can still avail AC-21 portability? How soon do i need to get a new job in such a case?
14). New job should be on H-1B transfer or EAD? How it will affect GC process?
14). Can i also run my own business (consulting work) in addition to full-time job some where else (before 180 days or after 180 days..........possible on EAD only? Correct?)
15). I assume that my wife can work on EAD........what would be my status (H1 or EAD)?? If i switch to EAD, what would be my wife's default status (EAD too)?
16). And final question.....If i join a new company (say 180 days before or 180 days after....consider both scenarios)....Can i still travel outside the US on valid AP? (Assume that i will be working on EAD at new company).
What if my employer goes out of business now (Less than 180 days) and my I-485 case is still pending?
Out of business....it can be simply close the doors without filing for bankruptcy or filing for bankruptcy (any chapter)? Does it matter?
2). So how can i change the job in this case considering that i don't want to spoil this whole green card process? And keeping the I-485 application still alive.
3). If i can avail AC21, then when do i need to inform USCIS? Which documents? Any fees?
Should i submit a letter to employer that i intended to remain with initial employer indefinitely but they went out of business.
Also, I ssume the job letter should have same job description as my LC & vis apetition. How about salary? How about geographic location (different state)? Does it matter?
4). Many people say that even in such cases, if employer is out of business, i should wait for 180 days before i change the job (with ofcourse same job description). Is that true? Then there will be a gap of three months and what if i get RFE (or NOID) from USCIS to show the pay stubs during this time?
5). So my point here is can i change job immediately after three months (before 180 days)....though not intentioanlly but if my employer goes out of business or should i wait until 180 days to complete?
6). There can be another case too....At this time, i am not looking for any new job hoping that this company won't be out of business if management makes some positive decisions OR if this company does not go out of business for 180 days..........
BUT if that doesn't happen and if i can NOT immediately find a job, then what will happen during that period? What if i get any RFE for any kind of a proof etc. etc? Would my I-485 be denied?
5). Then what if my case gets reviewed during this time, and USCIS knows that my employer has gone out of business (or filed for bankruptcy).........Would i get RFE or my case would be rejected automatically b/c i didn't inform USCIS for AC-21 (assuming that i wanted to wait for 180 days).
6). So when do i need to inform USCIS? Immediately if i get a new job right after the bad situation? OR wait until 180 days have passed since the submission of I-485, and then submit MY intent letter and a letter from new employer in order to invoke the portability doctrine?
6). Say, i get the other job (same job description), what would be my visa? Would i stay on H-1B or go to EAD (I have valid EAD as well as Advance Parole).
7). If H-1B, then it means i need to get it transfered..........How that would affect my existing I-485 case and PD? I assume my GC process has to start from the scratch if i decide to stay on H-1B and get it transfered. Correct?
8). If i go to EAD, then what would be the pros & cons? Can i apply for renewal every year? What documents would i need to show for EAD renewal? I won't have any pay stubs for remaining three months and that gap can cause the problem? Won't that create problem for me and i can be out of status in such case and EAD won't be renewed? .
9). If i go to EAD, my wife doesn't avail her EAD, so can she be on H4 or she automatically gets H4 cancelled and will be on EAD?
10). If company goes out of business, files for bankruptcy (any chapter), then what will happen to approved to I-140?
Would it still be considered as valid? If my employer does not revoke it or withdraw it. How about my PD?
11). I have a valid travel document....so if i travel outside the USA and employer gets out of business during this time, so what will happen? Can i re-enter?
Can i then change job based on AC21 (before or after 180 days) ? Visa at that time would be EAD or H-1B? Can i apply for EAD later on for renewal?
12). At the port of entry, what do i need to tell if they ask where do i work (and if employer gets out of business while i am outside the US). Should i show them EAD or H-1B approval notice? Should i still tell them i work at initial employer?
12). Let's say that my employer goes out of business.........Should i get any letter from my initial employer that they won't revoke or withdraw my I-140? How about the intent letter that this employee intended to stay here but we are out of business now?
How about getting any letter from new employer incase this happens in addition to get a same job description letter?
Any suggestions?
13). If the employer is out of business before 180 days and i can't find a job for 2-3 months, should i immediately switch to self-employment? What would be the pros & cons?
13). How about after 180 days (if employer goes out of business after 180 days)? i think i can still avail AC-21 portability? How soon do i need to get a new job in such a case?
14). New job should be on H-1B transfer or EAD? How it will affect GC process?
14). Can i also run my own business (consulting work) in addition to full-time job some where else (before 180 days or after 180 days..........possible on EAD only? Correct?)
15). I assume that my wife can work on EAD........what would be my status (H1 or EAD)?? If i switch to EAD, what would be my wife's default status (EAD too)?
16). And final question.....If i join a new company (say 180 days before or 180 days after....consider both scenarios)....Can i still travel outside the US on valid AP? (Assume that i will be working on EAD at new company).