Please Help RealCanadian and other gurus!

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dolly09

Registered Users (C)
RealCanadian.......

:mad:We are 2nd July filers for 485...got EAD approved in OCt. I am on my 8th year H1B valid till 2010. My current employer is making my life miserable..wnats me to work 24*7*365 days without overtime...now i want to use AC21 after 2nd Jan and change my job...want to know the impact on my GC process....please help to make my mind in regard to applying for new jobs. I have few doubts in mind::confused:

Our 140 approved prob 1 year ago.

1. WHat happens if use AC21 after 180 days and find new employer who is ready to sponsor my GC with same or similar job?

2. How much salary increment should be there so that we dont get any RFE...

3. how does it matter if old employer revokes I-140....?

4. If my old emploeyr lays me off can i start business using EAD and continue GC process and donot find any new employer?

5. Can my wife starts business using EAD and process my GC?

Thanks in Advance..looking forward to any help you people can provide..

EB3 India Sept 2003
EAD Approved
AP Applied: RD: 16th Oct 07
140 Approved: 2006
485 Filed: 2nd July 07
 
1. Freedom
2. Prevailing Wages in Area. Higher the better. Even same will work.
3. if you haven't filed AC-21, you get NOID. You can reply with AC-21 docs at that time-- job offer letter showing salary, job description etc. In my case, my EAD and AP got rejected. I had to file MTR. Everything worked out in the end.
4. You can according to the yates memo. But There is a risk attached to that specifically with the interpretation of ability to pay.
5. This sounds convoluted. Answer is theoretically yes, you can start a company on H1 or EAD. But then there would be conflict of interest in hiring a family member to process GC.
If you mean, use AC-21 to transfer over to your wife's company, then its the same scenario as starting your own company and using AC-21 to port to it.

hope it helps.
 
Here is the best i could Do to answer.

1. WHat happens if use AC21 after 180 days and find new employer who is ready to sponsor my GC with same or similar job? NOTHING

2. How much salary increment should be there so that we dont get any RFE... POSSIBLY MORE THAN WHAT YOU ARE MAKING NOW ANY AMOUNT I BET

3. how does it matter if old employer revokes I-140....? NOTHING

4. If my old emploeyr lays me off can i start business using EAD and continue GC process and donot find any new employer? THIS IS NOT A GOOD IDEA

5. Can my wife starts business using EAD and process my GC? THIS IS NOT A GOOD IDEA
 
JUSTGC007... regarding point 3
I got a NOID for EAD and AP and was about to get a NOID for I-485 as well because the old employer had withdrawn the I-140.
I had filed AC-21.
I know this case is not normal and this is not supposed to happen. But it did. And it cost me money and a little bit of stress
.

So my reasoning would be that if you haven't filed AC-21 and sometimes even when you have, you are likely to get a NOID if I-140 is revoked.

Not that it means anything. It is mostly just a headache to sort things out and get things back on track.
 
wake up -- go to a lawyer!

I have no doubt on other guru's legal expertise here.

dolly09, are you relying on the answer here to make your decision?

if not, why waste others' time rather than go to a lawyer?
 
goatee

these forums have really helped me all the bad times we have faced...i appreciate your concerns but all the inputs provided here clear the confusions and are really helpful and i really appreciate everyone for making this forum and providing valuable inputs and their experiences with USCIS....


thanks once again!


goatee said:
I have no doubt on other guru's legal expertise here.

dolly09, are you relying on the answer here to make your decision?

if not, why waste others' time rather than go to a lawyer?
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