Need some help/advice/Thoughts/Directions

[askthequestion]

Hi, Here is my situation

MY labour and I140 were approved between Jan to March of 2006.
I was working as a FT emloyee for a consulting company from 2002 to dec 2008 and then I went full time with the client from Jan 2009. The job and responsibilities are the SAME as the same client and same location.

From PRevious Employer:

1. Cancelled H1B. I am nt sure when cancelling H1b will automatically cancel I140.

2. I started using EAD with the new employer.

3. I filed my I485 during July 07. Its EB3, India.

4. The client is in process of submitting AC21. It has not been submitted till now. But it may happen in this or next month.


1. Do you know its too late for the AC21 to be files?
2. Do you know if H1B cacel automatically invalidate I140?
3. Do you know if I am in trouble?

Pls help me. I am very worried.

 

[ginnu]

Hi, Here is my situation

MY labour and I140 were approved between Jan to March of 2006.
I was working as a FT emloyee for a consulting company from 2002 to dec 2008 and then I went full time with the client from Jan 2009. The job and responsibilities are the SAME as the same client and same location.

From PRevious Employer:

1. Cancelled H1B.
I am nt sure when cancelling H1b will automatically cancel I140.
-----------------------------H1 and I-140 are Different petitions. H1 cancellation has nothing to do with I-140. Employer can revoke the I-140 any time by writing to USCIS.
2. I started using EAD with the new employer.
--------------------You are not on H1 status.
3. I filed my I485 during July 07. Its EB3, India.

4. The client is in process of submitting AC21. It has not been submitted till now. But it may happen in this or next month.
----------------------File the AC21 now.

1. Do you know its too late for the AC21 to be files?
---------------------file the AC21 Now. if USCIS send RFE then USCIS may ask lot of documents.
2. Do you know if H1B cacel automatically invalidate I140?
--------------------------NO
3. Do you know if I am in trouble?
------------------- get the same/similar job duty letter from present employer and invoke AC21.
Pls help me. I am very worried.

I don’t know if you revoked form G28 of the lawyer of past company If not revoked RFE or any updates from USCIS will go to past lawyer. Revoke the form G28 of past lawyer by writing to USCIS or let your present company lawyer send new G28 if you want to be represented by new company lawyer.

 

[askthequestion]

Thank you Ginnu

Thank you Ginnu.

My my present employer's lawyer prepared the AC21 letter nicely with listing original duties in one clumn and new duties in next column and concluded that its same job/etc etc etc..

Yes. I am in touch with both new and old attornys. I am not happpy with the new employer's laywer who are #2 largest attorny firm in US. They wont reply to the emails in a timely manner. Hence, I am retaining old attorny which is a small firm , but always there for me.

Just a quick question.

While, I am doing FT with the client, My spouse willing to open a company ( she works in the same field ) and trying to transfer her contract to the company. We are planning to employe one more person. so under worst conditions, if I leave my client, can I work for the LLC by my spouse?. We are estimating any where between 150 to 250K business with 20% net profit/savings.

So under worst conditions ( As I dont like my present employer as they are pure white ), can I use the LLC and submit the employement letter. I would be doing the EXACT Same duties.

 

[ginnu]

Thank you Ginnu.

My my present employer's lawyer prepared the AC21 letter nicely with listing original duties in one clumn and new duties in next column and concluded that its same job/etc etc etc..

Yes. I am in touch with both new and old attornys. I am not happpy with the new employer's laywer who are #2 largest attorny firm in US. They wont reply to the emails in a timely manner. Hence, I am retaining old attorny which is a small firm , but always there for me.

Just a quick question.

While, I am doing FT with the client, My spouse willing to open a company ( she works in the same field ) and trying to transfer her contract to the company. We are planning to employe one more person. so under worst conditions, if I leave my client, can I work for the LLC by my spouse?.
-------------------------I don’t recommend.
We are estimating any where between 150 to 250K business with 20% net profit/savings.
So under worst conditions ( As I dont like my present employer as they are pure white ), can I use the LLC and submit the employement letter. I would be doing the EXACT Same duties.

------------------------I don’t recommend you to be employer by company of your spouse for invoking AC21.