out of status and moving to EAD?

[sham12]

Hi,

I am on H1 and my employer hasn't paid me salary for the last 4 months (therefore, I dont have any recent paystubs). People say I am out of status. I cannot change the employer as I don't have recent paystubs. I can change the employer by using my EAD. If I change the employer and start using EAD, what effect it will have on my GC process. I was out of status for 4 months. Should I report to DOL first and then change the employer so that the process remains clear and straight forward and if an RFE is raised later, i can prove them that it was not my fault. Could someone provide any insight in this regard? Thank you in advance.

Sham

 

[ginnu]

Hi,

I am on H1 and my employer hasn't paid me salary for the last 4 months (therefore, I dont have any recent paystubs). People say I am out of status.

---------- you are out of status.
I cannot change the employer as I don't have recent paystubs.
----------------------------------If you file a complaint with DOL against employer to recover your wages then if you attach the copy of complaint letter you may get H1 transfer approved.
I can change the employer by using my EAD. If I change the employer and start using EAD, what effect it will have on my GC process. I was out of status for 4 months. Should I report to DOL first and then change the employer so that the process remains clear and straight forward and if an RFE is raised later, i can prove them that it was not my fault. Could someone provide any insight in this regard? Thank you in advance.
----------------you are correct. can file complaint now with DOL and keep the copy of letter that you send to DOL..
Sham

----------------- do you have I-140 approved?
do you have I-485 pending more than 180 days?
if yes then you are eligible for AC21.

 

[sham12]

Thanks for replying. Yes, my 140 is approved and 180 days have passed since I filed 485. Can I invoke AC21 myself or has it to be done by the new employer? How will I know that the new employer has submitted AC21 to the USCIS? and will it be safe for my family. They went outside USA on H4. can they come back on AP?

Thanks once again for your help.

Sham

 

[ginnu]

Thanks for replying.

Yes, my 140 is approved and 180 days have passed since I filed 485.

Can I invoke AC21 myself or has it to be done by the new employer?
-----------------------You can directly request to invoke AC21 with pending I-485 Or take the help of company lawyer/your lawyer. AC21 need to be invoked by you and not by new employer. New employer should give you same/similar job offer letter.
How will I know that the new employer has submitted AC21 to the USCIS?
-------------------- why dont you get letter from employer and do it? if dont know how to send AC21 request with pending I-485 you can take help from any Lawyer.
and will it be safe for my family.
------------------Family I-485 are based on your I-485.
They went outside USA on H4.

can they come back on AP?
--------------------------- If you are on H1 then they can get H4 visa and can enter on H4 status. if they have valid H4 visa stamp they can enter on H4 status. if you use EAD you are not on H1 and they can use valid AP to enter US (AP must be filed when they are in US and must be approved before they go out of US)
Thanks once again for your help.

Sham

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