pl advice

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bir999

Registered Users (C)
i had an approved ead for last 15 months and continued to be on h-1b which will expire in a few months , for this reason and also my desire to change employers in a few months...i filled out an i-9 form
my employer has never dealt with immigration in the past
and we do not know what is to be done with a filled i-9 form ...is it to be sent to bcis ...or is it just to be kept in my employers records ..and in case i use ac-21 provision and change jobs ...how will bcis know that i am using ead
 
I had an approved ead for last 15 months
---- EAD is valid for 1 year only
and continued to be on h-1b which will expire in a few months , for this reason and also my desire to change employers in a few months...i filled out an i-9 form
my employer has never dealt with immigration in the past
and we do not know what is to be done with a filled i-9 form ...is it to be sent to bcis ...or is it just to be kept in my employers records ..and in case i use ac-21 provision and change jobs ...how will bcis know that i am using ead

----- If your EAD has expired you can apply for EAD renewal it will take 90 days to get new EAD, you need EAD or H1 for work. If your H1 is going to expire in few months then your employer or you contact lawyer and can file H1 extension if you are going to change employer then file H1 transfer and once get the receipt from BCIS of H1 transfer extension join new employer. You cannot join new employer with EAD as it is expired. Form I-9 is to to be kept with your employer HR nothing to do with BCIS or USCIS.
Regarding AC21 you have not posed any info, we need info

1 did you file I-140 and I-485 concurrent? When? How many days back I-485 was filed
2 are your I-140 approved? When it was approved?
3 Are you at present working with the employer who filed I-140 or with new employer?
No body gets dreams about your situation, always post the full details of your past and current situation and make sequence of the events, don’t mess up the post so that nobody can understand it.
 
update

sorry about sketchy detail...
eac 02217....for aos
nd june15 2002
fp august 21 2002
2nd ead expiring june 23 2004

i am working with my sponsoring employer i have a copy of my labour certificate and a copy of approved i-140.
since i am a doctor my job discription is very straight forward and will not change even with change of employer...and i expect same or higher salary in new position.
my reason to change jobs is that my wife joined a redsncy 4 hours away and our family with 2 young kids (one us citizen) is absolutely torn apart , being in a very small town and also being the only one with immigration issues i dont have much guidance ...so please advice how do i go about job change.

another worry is if i am in middle of my notice period of 90 days and get a rfe what do i do
 
sorry about sketchy detail...
eac 02217....for aos
----
nd june15 2002
fp august 21 2002
2nd ead expiring june 23 2004
-------- Apply for the EAD renewal 5 months advance and if EAD used by you also get AP approved for you if you need travel out of US you need AP to reenter US
*** you still have not provided the info when your I-140 was filed and when it was approved I am asking the dates of filing or date of approval. You call yourself doctor don’t you need to info to diagnose a case?
When you filed I-485 I am asking about the date and year?

i am working with my sponsoring employer i have a copy of my labour certificate and a copy of approved i-140.
----OK
since i am a doctor my job discription is very straight forward and will not change even with change of employer...and i expect same or higher salary in new position.
my reason to change jobs is that my wife joined a redsncy 4 hours away and our family with 2 young kids (one us citizen) is absolutely torn apart , being in a very small town and also being the only one with immigration issues i dont have much guidance ...so please advice how do i go about job change.
----- if you want to change the job, your I-140 should be approved AND I-485 pending mote than 180 days, if that is true you can change the job with new employer and job should be same/similar, salary increase or marginal decrease is not issue , location is not problem, you can work anywhere in US. your new employer should be able to give you a letter for future permanent job offer, your new lawyer will draft the intent change letter and will attach the letter of new employer and financial ability of employer to pay you the wages(financial documents) so you don’t get any RFE at the time of final approval.
another worry is if i am in middle of my notice period of 90 days and get a rfe what do i do
------ This RFE for what kind of petition or application? What is the RFE? What BCIS is asking? what kind of notice?
 
sorry boss

thanks ginnu you are the immigration doc, so treat me like a confused patient and thanks for your patience

I-140 applied jan 2002, approved in april 2002
I-485 applied june 11 2002 pending for 530 days.

in healthcare industry hospital administration have little knowledge of immigration issue some have dealt with J-1 visa which is a nightmare ..and that is the impression that they carry over when dealing with any INS matter and i have to explain the issue in great length which confusess them further.
at this stage i dont want my new employer to write letter for th immigration issues as i am still negotiating a contract further it may jeopardize the offer as most small hospitals dont want to deal with ins.

i was wondering if i join the new job on ead without informing the ins and if rfe is issued then i can request the new employer to give financial statements and a letter of offer or just use my contract
 
thanks ginnu you are the immigration doc, so treat me like a confused patient and thanks for your patience

I-140 applied jan 2002, approved in april 2002
I-485 applied june 11 2002 pending for 530 days.
------------- YOU can change the job and CAN use AC21
Take the printout of August AC21 MEMO and read it:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf

in healthcare industry hospital administration have little knowledge of immigration issue some have dealt with J-1 visa which is a nightmare ..and that is the impression that they carry over when dealing with any INS matter and i have to explain the issue in great length which confusess them further.
at this stage i dont want my new employer to write letter for th immigration issues as i am still negotiating a contract further it may jeopardize the offer as most small hospitals dont want to deal with ins.
---------------- you don’t need the new employer letter now you can send it later or when you get RFE from BCIS
i was wondering if i join the new job on ead without informing the ins and if rfe is issued then i can request the new employer to give financial statements and a letter of offer or just use my contract
------ You can join with EAD, no problem, no need to inform BCIS when BCIS sends RFE then send the letter and financial statements. Always send EAD renewal 5 months advance so that you have always-valid EAD in hand.
*** if you are changing address then update NCSE on 1-800-375-5283, provide them the pending petition #, Name, DOB, A# I-485 receipt # with BCIS service center AND also send address change letter to BCIS service center with return receipt, write in letter your old address, new address, name, DOB, A# attach copy of I-485 receipt notice and out side the envelope write in bold “ attention: Address Change” also send the form AR11 to correct address. BCIS takes time to change the address. Better check again with NCSC after send the letter to verify your new address after 30 days. If your wife is also changing the address she should also have to do the above.
 
as you have I-140 approval copy, LC copy with you, please also get the I-485 filing reciept from lawyer or employer and keep it with you. Good Luck!!
 
I-9 is just to keep in file

Folks:

I-9 is just to keep in file with the Employer. It is not a form to submit. It is not going make anyone's life (or AC21) difficult.
 
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