Leroythelian or other gurus!!Please advise me

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red020

Registered Users (C)
I have I140 from EB1 category (Outstanding researcher) and I changed job. Did not claim so far any AC21. First question is whether AC21 applies forv EB1 categories. If applies, is it mandetory to apply for AC21.

If AC21 is needed, need I hire a lawyer as I have no lawyer till now.

While on I485 AOS, I changed job and service center zone. I have been maintaining H1b status so far. But after joining in new job, I discontinued H1b and currently on EAD. Keeping the uncertainities of EAD, I wish to switch back to H1b visa by applying for new H1b. My question is if I apply for H1b, whether I will be asked to visit India (my home country) to get it started. Apparently I have no requirement of travel to India now and I can not take break from my job. Any Ideas???
 
I did use EAD to work for a company. In February 2003 I had a job offer from a government agency. That agency refused to deal with my EAD and wanted either H1b visa or permanent residency. I called to INS and they told me that the only way for me to get a new H1b was to recall my immigrant petition. I did not do it and kept staying with my company. I got my plastic card by now.

My advice is to hire a lawyer. They can do things that you believe are unthinkable.
 
Alex! This makes me shiver in terror

Alex! I was on O1 while changed to AOS. After AOS process is on, I just applied to H1B visa. Then deserted H1B visa and currently on EAD. Do you think, I am out of status now. What should you think I should do.
 
red020 said:
Alex! I was on O1 while changed to AOS. After AOS process is on, I just applied to H1B visa. Then deserted H1B visa and currently on EAD. Do you think, I am out of status now. What should you think I should do.
Click to expand...

If you think you may be out of status, you should consult with an immigration attorney. Your situation as you described it is extremely confusing and it may be worth the money.

Brian
 
red020 said:
I have I140 from EB1 category (Outstanding researcher) and I changed job. Did not claim so far any AC21. First question is whether AC21 applies forv EB1 categories. If applies, is it mandetory to apply for AC21.

If AC21 is needed, need I hire a lawyer as I have no lawyer till now.

While on I485 AOS, I changed job and service center zone. I have been maintaining H1b status so far. But after joining in new job, I discontinued H1b and currently on EAD. Keeping the uncertainities of EAD, I wish to switch back to H1b visa by applying for new H1b. My question is if I apply for H1b, whether I will be asked to visit India (my home country) to get it started. Apparently I have no requirement of travel to India now and I can not take break from my job. Any Ideas???
Click to expand...


According to a lawyer: The moment you discountinued H1B to switch to EAD and you want to go back to H1B again you have to recall your immigration petition and start all over again.
But as suggested get as soon as possible a good lawyer because for me it looks like it is very important what you do now with your AC21 because you might be in danger to get out of status but I don't think you are currently out of status.
 
red020,

Your situation is too complicated. For I-140 approval there should be no big obstacles. Some people even go away without claiming AC-21 at all.

But this definitely will be an issue at the interview stage. Again, as I can see from the postings on this forum, in some cases you will be simply asked to present recent pay stubs and that is it.

I would not bet on the easiest outcome and do it accordingly. Unfortunately, some lawyers (not all) are much better than we are in finding the shortcuts. So, cell your soul to one of them.
 
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