Switching jobs on AC21 & Travelling outside country between switch

[nmolleti]

Can some of the experts give me a guidance whether my situation is OK?

I have filed I-485 last year June 07 and is still pending and i am currently on EAD. I-140 is already approved with my current company. I am using the AC-21 portability and switching jobs. My last working day with the current company is July 11. I am leaving the country for 4 weeks and coming back on AP to join the new company on Aug 18. My Questions:

- Is it going to cause any problems for my I-485 if i am not employed for the 4 weeks that I am outside the country?
- My current EAD expires on Sep 18, 2008, I am having my new employer file for EAD renewal before I leave on July 11, Would it be OK to file EAD based on my current address and later file for change of address after I return?
- Given that I have just about 2 months left after I file for EAD, what happens if the EAD renewal is delayed until after Sep 18, 2008? Am i technically out of status?
- Should my new company lawyer revoke the G-21 executed by current employer lawyer and invoke a new G-21 when filing EAD?
- When would be the right time to file AC-21 documents?
- When would be the right time to file "Change of Address'?

Any help is appreciated.

Thanks in advance

NM

 

[mmed]

Can some of the experts give me a guidance whether my situation is OK?

I have filed I-485 last year June 07 and is still pending and i am currently on EAD. I-140 is already approved with my current company. I am using the AC-21 portability and switching jobs. My last working day with the current company is July 11. I am leaving the country for 4 weeks and coming back on AP to join the new company on Aug 18. My Questions:

- Is it going to cause any problems for my I-485 if i am not employed for the 4 weeks that I am outside the country?
- My current EAD expires on Sep 18, 2008, I am having my new employer file for EAD renewal before I leave on July 11, Would it be OK to file EAD based on my current address and later file for change of address after I return? Yes, it is the logic to file with your current address then change the address after you move.
- Given that I have just about 2 months left after I file for EAD, what happens if the EAD renewal is delayed until after Sep 18, 2008? Am i technically out of status? You will be in legal stay with or without EAD or AP, the pending I-485 will put you in legal stay if it is not denied regardless your EAD/AP conditions, but you can not work without valid, unexpired EAD card in hand
- Should my new company lawyer revoke the G-21 executed by current employer lawyer and invoke a new G-21 when filing EAD? It is better for you since you will leave your current employer and by then any correspondance from USCIS will come to new lawyer
When would be the right time to file AC-21 documents? Different opinions, it is better to file it as soon as you move to other job
- When would be the right time to file "Change of Address'? within 10 days after your physical presence in the new address

Any help is appreciated.

Thanks in advance

NM

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[nmolleti]

Thanks MMED. Given last year July Bulletin fiasco, there would be a flood of EAD renewals going in July and the 2 yr EAD starting in July would even make it worse as everyone would be tempted to file during the month of July. Can I walk into the local office after 90 days and get a temporary EAD?

NM

 

[ginnu]

Thanks MMED. Given last year July Bulletin fiasco, there would be a flood of EAD renewals going in July and the 2 yr EAD starting in July would even make it worse as everyone would be tempted to file during the month of July.

Can I walk into the local office after 90 days and get a temporary EAD?
------------------Local USCIS office will not give you EAD they have stoped it
NM

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[ginnu]

Can some of the experts give me a guidance whether my situation is OK?

I have filed I-485 last year June 07 and is still pending and i am currently on EAD. I-140 is already approved with my current company.
I am using the AC-21 portability and switching jobs. My last working day with the current company is July 11. I am leaving the country for 4 weeks and coming back on AP to join the new company on Aug 18. My Questions:

- Is it going to cause any problems for my I-485 if i am not employed for the 4 weeks that I am outside the country?
------------------------------No problem
- My current EAD expires on Sep 18, 2008, I am having my new employer file for EAD renewal before I leave on July 11,
Would it be OK to file EAD based on my current address and later file for change of address after I return?
-------You file the EAD based on Your pending I-485 with your current address and later you can change the address ( USCIS may send your EAD to old address) call 1800 and change to address by writing to USCIS and also online

- Given that I have just about 2 months left after I file for EAD, what happens if the EAD renewal is delayed until after Sep 18, 2008? Am i technically out of status?
-----------------------No out of status as you have pending I-485 but for work you need EAD in hand
- Should my new company lawyer revoke the G-21 executed by current employer lawyer and invoke a new G-21 when filing EAD?
------------------------YES, and inform your new lawyer. you should also revoke the form G28 filed by previous Lawyer
- When would be the right time to file AC-21 documents?
-------------------------after you come back and join new employer and new employer gives you permanent job offer letter with same/similar job duties
- When would be the right time to file "Change of Address'?
----------------------------------in 10 days after you move to new address
Any help is appreciated.

Thanks in advance

NM

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[nmolleti]

Thanks GINNU for all your responses and the reassurance. Regarding the new position - the title is changing from "Senior Electrical Engineer" to "Program Manager", however I am having the new employer include similar/same duties from my Labor certification to be on the safe side (and they are also same too).

I am assuming that titles don't matter as different companies have different titles for a same/similar position while the job duties have to remain the same from the Labor certification. Please correct me if otherwise.

NM

 

[ginnu]

Thanks GINNU for all your responses and the reassurance. Regarding the new position - the title is changing from "Senior Electrical Engineer" to "Program Manager", however I am having the new employer include similar/same duties from my Labor certification to be on the safe side (and they are also same too).

I am assuming that titles don't matter as different companies have different titles for a same/similar position while the job duties have to remain the same from the Labor certification. Please correct me if otherwise.

NM

USCIS looks for same/similar job duties

 

[mmed]

Thanks GINNU for all your responses and the reassurance. Regarding the new position - the title is changing from "Senior Electrical Engineer" to "Program Manager", however I am having the new employer include similar/same duties from my Labor certification to be on the safe side (and they are also same too).

I am assuming that titles don't matter as different companies have different titles for a same/similar position while the job duties have to remain the same from the Labor certification. Please correct me if otherwise.

NM

Similar job duties has nothing to do with job title and it is better to be advanced in your carrier than to stop on cartain job title for many years waiting for GC.