Sep/30/03 my last day, 140/485/EAD pending in TSC

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hlin4

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Help --- Sep/30/03 my last day, 140/485/EAD pending in TSC

Hi Guys,

I come to this forum lots of times about my GC. Now the bad thing happened on me today!

Concurrent filing 140 RD is Mar/11st/03, 485/EAD/AP RD is Apr/25ht/03 in TSC, FP is done on Jun/17/03, everything is pending now for me, my consulting firm told me that Aug/31st/03 is my last day, but they will keep me one month more trying to get a new position for me till Sep/30/03, after that if I cannot get a new position, they will tell INS I dont' work for them any more.

If by Sep/30/03, maybe I will get my EAD, but my 140 maybe not get approved yet, is there any way that I can go on my GC?
or my GC is gone?

I desperately need you guy's info.
Thanks a lot!
Hai
 
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I come to this forum lots of times about my GC. Now the bad thing happened on me today!

Concurrent filing 140 RD is Mar/11st/03, 485/EAD/AP RD is Apr/25ht/03 in TSC, FP is done on Jun/17/03, everything is pending now for me, my consulting firm told me that Aug/31st/03 is my last day, but they will keep me one month more trying to get a new position for me till Sep/30/03,
--- ----Try to find new job before Sep/30/03 and join new employer through H1 transfer file H1 transfer before Sep/30/03,because you need to have current pay stubs for H1 transfer, if H1 transfer not possible then only join on EAD
after that if I cannot get a new position, they will tell INS I dont' work for them any more.
----- That is the reason you should join on H1 transfer because if your pending I-485 is denied then you can still work on H1. the other alternative is join with eAD and let your new employer file for NEWH1 for you at later date, once you get NEW H1 approved then you will not get I-94 extended or attached with NEW H1, you may exit US, get H1 Visa stamp and enter on H1 status get new I-94 based on H1 and then maintain H1 status with new employer.
If by Sep/30/03, maybe I will get my EAD, but my 140 maybe not get approved yet, is there any way that I can go on my GC?
-------- You have to check TSC times for I-140 approval in concurrent filed cases or visit the thread for TSC to make a guess for EAD or I-140 approval. You may get EAD before September, to use AC21 it all depends when your I-140 is approved and if I-485 is pending more than 180 days, no final regulations are published for AC21. Concurrent filing was started later and AC 21 law was passed when concurrent filing was not allowed, I am sorry and unable to comment on your future GC process
or my GC is gone?
Please read the below site:
Murthy on Concurrent filing and AC21
http://www.murthy.com/UDportis.html
http://www.murthy.com/ukac21.html

Good Luck!!
 
ginnu,
Greatly appreciated your detail explantion.
I still got one question, you told me try to find a new employer and get a H-1 transfer or new H-1 before Sep, but if I get a new employer, that means my GC have to restart from the begining, right?
One more thing is that: If my 140 get approved before Sep/30/03, and later my consulting firm tell INS I don't work for them, doesn't that mean they revoke the 140?
Thanks a lot.

Hai
 
ginnu,
Greatly appreciated your detail explanation.
I still got one question, you told me try to find a new employer and get a H-1 transfer or new H-1 before Sep,
----------- You can get H1 transfer when you have your H1 Visa and I-94 valid and have recent Pay stubs you also get H1 extended till the time new employer has LCA or requests BCIS or how much. With NEW H1, you will NOT get I-94 extended, once you get new H1 approved then go out, get H1b visa in passport and enter US, best option to do H1 transfer with new Employer and if it is not possible at this time then join on EAD and at later date file new H1 and do the above if you want to maintain H1 status as your I-140 is not approved and your I-485 is still pending and not crossed 180 days also request new employer to file new LC as back up
but if I get a new employer, that means my GC have to restart from the beginning, right?

---------- If you get I-140 approved and I-485 is pending more than 180 days and past employer does not cancel or try to revoke I-140 for 180 days while your I-485 is pending you may use AC21, no final regulations, you have read the link I provided in above post
One more thing is that: If my 140 get approved before Sep/30/03, and later my consulting firm tell INS I don't work for them, doesn't that mean they revoke the 140?
---------- I-140 not revoked and I-485 pending more than 180 days, and you fulfill other criteria of AC21, you may be able to use AC21 and may get GC, nobody is expert on AC21, I post what is the opinion of many lawyers at this time and it may change or may not change, no final regulations on AC21 till date. If you have any more concerns go to your lawyer and seek legal advice
 
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