When and how to invoke AC21?

N

nervewreck

Registered Users (C)
All,

I need some information as to when and how the AC21 is invoked.

My receipt date is 07/02/07 and my notice date is 09/07/07. When I check the case status online it starts with the wording that "On September 7th we received the....etc"

In order to be eligible to use AC21 clause, what date should I be planning for? 6 months from July 2nd (My receipt date) or 6 months from Sept 7th (My notice date) ?

I currently work with Company B on H1, that has nothing to do with my GC process. They did not even file my LC yet. Company A (My ex-employer) filed for my 485 (With Future Employment Intent), saying that they will hire me again as soon as 485 gets approved.

In this scenario, is AC21 really applicable to me ?
Am I required to stay with my current employer Company B ?
Am I required to go to Company A (who filed for my 485) once 485 gets approved?
Bottomline: Can I move to Company C and work on my EAD ?

Sorry if I confused anyone with my ABC scenario.
Please advise so that I can plan accordingly.
 
Your 180 day countdown starts from July 2, 2007. I think you can change your employer multiple times using AC-21 portability.
 
Hi nervewreck..

I thought I was the only weird one filing 485 thru the ex-employer and felt so out of place as most of them file 485 working with the GC sponsored employer..

pls keep me posted in this forum with your plan of actions as this is confusing with so many opinions,.. I too want to change my current employer after 180 days of 485 filing which would be around Feb 08..

I have bookmarked this thread..
 
You guys are certainly not alone. I did the same thing, it is okay to file with the ex employer, if you want to change the I-485 to new employer, just follow procedures.

If you stick with the old employer's filing and I-485 gets approved, you have to start working for them. If it's AC-21'ed, then you can work for the other employer.
 
Thanks for your responses ppl.

StressTestInUSA:
As ImmigraBoy mentioned, we surely are not alone. There have been a good number of cases where ppl worked it out with ex-employers, who still do have intentions due to the good work that we did/the money that we earned for them, and thereby persued this route.

Manwithnoname, Some_GreenCard:
Thanks for the information and the link. I did track this message earlier, and am aware of the format/paperwork that needs to be done for the AC21 process.

However, something is still not clear to me.
The company that filed for my 485 (Comp A) has nothing to do with my current job/company (Comp B). So, what diff does it make with respect to 485, if I work with Company B on H1 or with Company C on EAD ?

3 months from now (As my RD is 07/02) , I will submit the AC21 and that would relieve me from going back to Company A, thats all. It should not matter if I change the job to a new company on my EAD correct ?

RealCanadian, Ginnu - I will truely appreciate your inputs on this scenario.
 
Last edited by a moderator:
RealCanadian, Ginnu - Please Advise

However, something is still not clear to me.
The company that filed for my 485 (Comp A) has nothing to do with my current job/company (Comp B). So, what diff does it make with respect to 485, if I work with Company B on H1 or with Company C on EAD ?

3 months from now (As my RD is 07/02) , I will submit the AC21 and that would relieve me from going back to Company A, thats all. It should not matter if I change the job to a new company on my EAD correct ?

RealCanadian, Ginnu - I will truely appreciate your inputs on this scenario.
 
What happens to my H1B If I started to use EAD

Hello Gurus,
I am planning to use AC21 on Feb 2008. My 485 receipt date is July 12-07. I got my visa (H1b) renewed and valid until August 2008. I have also got my EAD.
My questions are,
1. what happen to my H1B If I start to use my EAD on Feb 2008? Will it go invalid as soon as I start using EAD?
2. What if for some reason my 485 got rejected? Will my EAD also be invalid on the same day as the 485 rejection date? If so, Does that means I will be out of status immediately? Can I go back to my H1B?

I am little worried to use AC21 even after 180 days of the 485 receipt date because of all the above questions. Please help clarify me.

Elango
 
forgood said:
Hello Gurus,
I am planning to use AC21 on Feb 2008. My 485 receipt date is July 12-07. I got my visa (H1b) renewed and valid until August 2008. I have also got my EAD.
My questions are,
1. what happen to my H1B If I start to use my EAD on Feb 2008? Will it go invalid as soon as I start using EAD?

--------From what I understand from other posts regarding this topic H1- EAD conversion is one way. So yes your H1 status is no longer valid. Your valid immigration status of "Pending AOS" kicks in once you start using your EAD.

2. What if for some reason my 485 got rejected? Will my EAD also be invalid on the same day as the 485 rejection date? If so, Does that means I will be out of status immediately? Can I go back to my H1B?

--------EAD is an option provided to us as long as there is a pending AOS. If there is a situation of 485 getting rejected, then I think, the EAD status will be invalid as well. Yes it would mean you will go out of status, and No you cannot go back to H1 status.

I am little worried to use AC21 even after 180 days of the 485 receipt date because of all the above questions. Please help clarify me.

Elango
Click to expand...

Alternative opinions/insights are truely welcome to discuss this scenario.
 
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