Looking for opinions ASAP on using AC21

U

usha03

Registered Users (C)
Here is my case:

PD Nov 2001 EB2 India Non RIR Original Labor
I140 Approved in May 2005
I485 applied in Feb 2005 at NSC
Currently on 6th year of H1 due to expire in April 2006 (going to apply for renewal)
Have EAD but not using it currently which is valid until Jan 2007

Current situaltion is chances of getting laid off are high. Since the visa cut off dates could go past my PD soon, and the processing date of NSC is past my RD,

I would like to compare the options of

1) waiting until I am laid off and then take a similar kind of job and invoke AC21

2) quit the current employer and invoke AC21 right away.

Any feedback wuold be appreciated.
 
Supposing the first case happens, after lay-off you need to find a job and then file AC21. But in the mean time if the employer revokes your I-140 (which in your case is highly unlikely I suppose, but if its a desi company you will never know) before you find another job, you may get a notice of deniel on your 485.

So as your H1 is expiring in april 2006, I would always go with EAD. And better look for a similar job right now and file AC21. My case is almost similar that my H1 is expiring in april 2006 and in the process of changing job.

But always would suggest you to consult your lawyer before doing anything.
Good luck.
 
Why do you think, it is highly unlikely that my employer will not revoke I140? ( not a desi employer). I work for a big reputed American company. I do not know if their policy is to revoke or not when the employee is laid off or when the employee quits on their own. I do not know typically what other American companies do either. Any info on that?

hr0803 said:
Supposing the first case happens, after lay-off you need to find a job and then file AC21. But in the mean time if the employer revokes your I-140 (which in your case is highly unlikely I suppose, but if its a desi company you will never know) before you find another job, you may get a notice of deniel on your 485.

So as your H1 is expiring in april 2006, I would always go with EAD. And better look for a similar job right now and file AC21. My case is almost similar that my H1 is expiring in april 2006 and in the process of changing job.

But always would suggest you to consult your lawyer before doing anything.
Good luck.
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usha03 said:
Why do you think, it is highly unlikely that my employer will not revoke I140? ( not a desi employer). I work for a big reputed American company. I do not know if their policy is to revoke or not when the employee is laid off or when the employee quits on their own. I do not know typically what other American companies do either. Any info on that?
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usha,

if you think that you are going to lose your job then you should start looking
for something in your field and invoke AC21.

Its better to be safe than be sorry.
 
usha03 said:
Why do you think, it is highly unlikely that my employer will not revoke I140? ( not a desi employer). I work for a big reputed American company. I do not know if their policy is to revoke or not when the employee is laid off or when the employee quits on their own. I do not know typically what other American companies do either. Any info on that?
Click to expand...

You can ask them directly. They will answer straght forward. That is what I did with my current and previous companies (both are big American companies)
 
Newbies:

So what did you come to know from these big two US companies? Did they withdraw the I-140 or said something like "ofcourse we dont that"

I am curious because I am in exactly the same situation.

Thanks,
 
Ask !!!

Sun07 said:
Newbies:

So what did you come to know from these big two US companies? Did they withdraw the I-140 or said something like "ofcourse we dont that"

I am curious because I am in exactly the same situation.

Thanks,
Click to expand...
Generally they do not revoke I140. Only DESI employers and companies in case of H1 do that due to number of reasons. You are not stealing anything. Discuss with your boss the possibilities and your future with them. I am sure they will not have intentions of screwing your future.

Its them who MIGHT lay you off not you leaving them.
All the best
 
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