Major I485/I765 issue - please help

MountainDew

Registered Users (C)
Folks,

Here's the thing:
1. Concurrent filing done in 2002: I-140 in July 2002 and I-485 in November 2002 with company A. I got my EAD and AP in March 2003 to be on the safe side.
2. Company A refused to pay full salary starting May 2003 due to the fact that there was no work. They gave me 1500 gross allowance every 15 days. Needless to say, it was difficult to make ends meet.
3. I got a new job with Company B on August 1 2003. I joined Company B's client on August 4 2003 on an RTH (Right To Hire) basis. Company B pays me hourly with absolutely no benefits. Client was supposed to make me permanent in Jan 2004 but it has not happened yet as there is a hiring freeze at Client. My contract at Client has been extended.
4. Company A, my original GC sponsor, never paid me for my last pay period 15th - 31st July 2003 or for my accrued vacation days till then. They ignore my phone calls.
5. I have not sent an AC21 letter to BCIS yet. I am confused about when I should as I don't want any complications in my case and cos' I could be made permanent at Client or I could lose my job all over again.
6. Unfortunately, my EAD expired on 7th March 2004. I had filed for a renewal EAD on Jan 12 2004 and it is still pending. I continue to work at Client and company B has not asked me anything.
7. I married a US citizen in November 2003.
8. I recently moved 2 weeks ago to a new apartment.

Please help me in understanding the following and tell me of good approaches:

1. My EAD status. What do I do? I can't stop working as I have a family to support here now and retired parents back in India.
2. My AP: Should I apply for it or wait for my EAD to be renewed first?
3. My I-485 status/ AC 21 portability: Should I still stick with company A or change it to company B and Client later if they make me permanent? Can this cause issues? I am all the way through in the last stage and dont want my GC to be denied.
4. Should I just call it all quits and do it marriage-based?

MountainDew :confused:
 
1. You can not work without valid EAD. So stop- it would create- unnecessary complications for your GC.
2. Interim EEAD: You can apply for interim EAD after 90 days of pending EAD. You are eligible to do that. You get i-EAD same day.
3. AC21- the formal intimation to BCIS- is totally optional and there is no time frame. Do it at your convenience- if you feel like- after you get a perm job with your client.
4. Have you not already quit your sponsor A already. Are you proposing to get back? AC21 is a no problem at all. The only condition is 'similar' job. That too BCIS looks at very broadly.
5. Marriage based- I don't know what the time frames are. There are certain known disadvantages. As you have gone thru this and your GC should be in next 0-12 months. I would not opinion going that route.

HTH
 
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