Possibility - Effect of AC21 - 180 Days Rule - New Initial INS Guide lines - Person on EAD - Switchi

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SouthIndian

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Hi all,

Good Afternoon.

Do any body know about the following scenario based on effect of New AC21 and Recenlty issued INS Initial guide lines.

When Mr. X is on his 180 Days Past the ND of his I-485 and gets off the job with the Employer A(old). And got an offer with same job details with a Employer B(New).

1). Assuming that X is on EAD... and in this situation what he will have to do to JOIN the new employer. Can he use the "Existing Old Employer Based EAD"? Does the VALIDITY of EAD remains fine after Switching Employers? Any information/experience on this one? PS: I guess, the EAD validity goes off once you change the employer and you have to apply for a New H1(based on visa availability).

2). Assuming that X is on H1... Can he use the Existing Old Employer based H1 to work for New Employer under AC21? Does he needs a New H1 using H1-H1 transfer (Or) can he use the Old Employer\'s H1?

3). Mr. X is on H1 and have a Valid EAD based on Employer A(old). As per new INS Initial Guide lines, he can\'t get a H1 Renewal and have to use the EAD? Is this correct? If he is changing employers, what\'s his situation? How can he work for the New Employer B?

Please through some light into this one if you have any information/experience.
Thanks for all your input and have a great day. Good luck to all of us.

PS: Please, do NOT consider this as a Legal Advice. This information is for pure discussion purpose. Consult a Legal Attorney.

Regards
Priyadarshini
 
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Here is how it works a per my guess. I am not sure since I am not a lawyer.

1). Assuming that X is on EAD... and in this situation what he will have to do to JOIN the new employer. Can he use the "Existing Old Employer Based EAD"? Does the VALIDITY of EAD remains fine after Switching Employers? Any information/experience on this one? PS: I guess, the EAD validity goes off once you change the employer and you have to apply for a New H1(based on visa availability).
   EAD is employer independent. Hence he can work for the new employer without a new H1 or EAD. However he may have to file a change to I-485 application. (Don\'t know what kind of application).

2). Assuming that X is on H1... Can he use the Existing Old Employer based H1 to work for New Employer under AC21? Does he needs a New H1 using H1-H1 transfer (Or) can he use the Old Employer\'s H1?
   H-1 is employer dependent. Hence he/she has to get a new H1 or just an EAD for working for the new employer. Again, he may have to file a modification to I485.

3). Mr. X is on H1 and have a Valid EAD based on Employer A(old). As per new INS Initial Guide lines, he can\'t get a H1 Renewal and have to use the EAD? Is this correct? If he is changing employers, what\'s his situation? How can he work for the New Employer B?
   Again H1 can\'t be used for new employer but EAD can be.
 
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www.murthy.com throws some light on it.
Also EAD is NOT specific to any employer - once you start GC processing (458) - you don\'t have to bother about H1. This is especially true if your 485 application has been pending for 180 days+.

I\'m not a lawyer, just another pathetic soul whose miserable daily routine has been to log on and read stuff thinking that somehow this will speed up our processing and one can get a GC faster by doing this.

You guys need to sit back, relax and think of better ways to pass time at work.

I plan to write software that will automatically send everyone in the world an e-mail that says "Please delete the previous e-mail you received, it may contain a virus."
 
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Just kidding about the previous post - I just wish Priyadarshini and others would\'nt focus so much on these details! At the end of this process, it seems as though we become better at immigration law than at our real jobs! What are our lawyers for?
 
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Hi Anup, and o-town...

Thanks folks for your information. I appreciate it. Hope we all get ours approved very soon. Good luck to all of us.

Have a good day.

Regards
Priyadarshini
 
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Hi priyadarshini,
I am in the same situation as you are. What I feel is that you don\'t have to file a new H1 or H1 transfer even. If you have a valid EAD that is enough to start the new job. If you don\'t get your GC before 3 months to expiration of EAD & Parole, just apply for renewal of both. It doesn\'t require employment letter to renew EAD or Parole. Even if INS ask for it, you can provide new employer\'s letter & it should be ok accoring to AC21.
Only the problem comes if your GC is denied, then your EAD becomes invalid. & at that time you can not apply for H1 transfer as it is too late. YOu will have to apply for new H1. For the time you get your new H1, you might have to go back to your home country otherwise your stay will be illegal in USA. How ever if you appeal against the GC denial, till the case is decided, you can stay here legally & in that period you may apply & even get your new H1.
But I don\'t find any reason for the rejection unless on Medical, criminal or Fraud documents ground.
So let\'s take the chance & jump to new job after 180 days.
Good luck

GCPACK
 
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