skgc
04-01 01:33 AM
Hi All,
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
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gcspace
09-27 01:20 PM
I am not sure why USCIS is publishing the updates every week saying that there is progress in receipting dates.
There are so many of us just in the July 3rd to July 16th range.
I don't get it. :confused:
There are so many of us just in the July 3rd to July 16th range.
I don't get it. :confused:
calgirl
07-28 06:48 PM
Wishful thinking.. But I hope you are right!
Although I doubt it.. We are just not hearing back due to the volume of applications.. Not coz they plan on giving us greencards.. But..Wish you are right..
Gurus:
Does anyone, who has PD getting current (under EB2- I/C) during Aug/Sept. got their EAD Renewed, and cards received. ?? If so, what's your EAD-Renewal Appln Date / RD and Cards Received Date.
I suspect, USCIS is NOT issuing EAD Renewals, to probable Current PD holders, any more. :D hopefully. This is a good Sign, if true. Does anybody agree with me.. Let's Party out. :)
This is becuase, my EAD Renewal Appln. RD is June 18th.. and till date I have NO LUD of whatsoever, and PD would be current during Aug.bullentin
Is this something to cheer:)
Although I doubt it.. We are just not hearing back due to the volume of applications.. Not coz they plan on giving us greencards.. But..Wish you are right..
Gurus:
Does anyone, who has PD getting current (under EB2- I/C) during Aug/Sept. got their EAD Renewed, and cards received. ?? If so, what's your EAD-Renewal Appln Date / RD and Cards Received Date.
I suspect, USCIS is NOT issuing EAD Renewals, to probable Current PD holders, any more. :D hopefully. This is a good Sign, if true. Does anybody agree with me.. Let's Party out. :)
This is becuase, my EAD Renewal Appln. RD is June 18th.. and till date I have NO LUD of whatsoever, and PD would be current during Aug.bullentin
Is this something to cheer:)
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desi3933
01-30 02:32 PM
......
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action.
.....
.....
H1b will not go dorment untill you change to H4.
Incorrect!
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action.
.....
.....
H1b will not go dorment untill you change to H4.
Incorrect!
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
mnq1979
09-23 01:52 PM
Hi mnq1979,
The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).
GOD!!! to be honbest with u my situation is same like urs....like my wife is also too happy that we have received our receipts # for i485 and that we will soon get our ead hopefully....now she has started tellign me that she has jst # of days left of being dependent on me!!!! man it was fun to have 1 dependent as u can rule her...but now is smeeling freedom...anywaz....hope for the best.....thanx
The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).
GOD!!! to be honbest with u my situation is same like urs....like my wife is also too happy that we have received our receipts # for i485 and that we will soon get our ead hopefully....now she has started tellign me that she has jst # of days left of being dependent on me!!!! man it was fun to have 1 dependent as u can rule her...but now is smeeling freedom...anywaz....hope for the best.....thanx
diptam
06-27 11:53 AM
Point1) makes me perplexed - Can there be agreements with open ended
time periods.
But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
time periods.
But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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sys_manus
02-07 11:46 PM
...this is what I call washing one's dirty linen in public...
..peace
..peace
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JunRN
09-06 04:51 PM
....Aug '06 that is ;)
you must really be kidding...hahaha...
I am not yet ready to push the panic button...
you must really be kidding...hahaha...
I am not yet ready to push the panic button...
more...
gcpool
10-03 09:29 AM
PD 2002 Sept EB2
RD 2007 Mar
I-485 Approved Oct 1 2008
Service center NSC->TSC (Approved)
RD 2007 Mar
I-485 Approved Oct 1 2008
Service center NSC->TSC (Approved)
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neelu
05-23 01:25 PM
Finished calling the senators. Got hold of 2 + 7 senators.
Started sending emails.
Please everyone.........this is the time.
Together we can do it.
Started sending emails.
Please everyone.........this is the time.
Together we can do it.
more...
BrazilianCitizen
06-12 12:14 PM
My attorney told me it should be 1.5 months after the receipt date. But with this unprecedented volume, who knows...
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kumar1
02-12 02:43 PM
You are missing the point --- you are running behind everyone with a hammer. Calm down and stop making comments on other's English! If someone writes "u" instead of "you" and that annoys you, that is just one of your many problems. No one can do anything about it.
Once again -- Grow Up!
You are missing the point here again and taking whatever I said out of context!
Read the OP's issue again. She never said that she did not understand the laws fully. In fact both her and her desi consulting company know the immigration laws too well and have found loopholes to take advantage of it, which is morally wrong. Now tell me if it is wrong when I say this; If you know you are going out of status because you do not have a job, and you still do not change your status back to H4 in the hopes that you'll eventually land a job, then you have no right to stay in this country.
Please refrain from bringing in the refugees, their struggle and hardships and try to dilute what I have been saying in this entire thread!
Once again -- Grow Up!
You are missing the point here again and taking whatever I said out of context!
Read the OP's issue again. She never said that she did not understand the laws fully. In fact both her and her desi consulting company know the immigration laws too well and have found loopholes to take advantage of it, which is morally wrong. Now tell me if it is wrong when I say this; If you know you are going out of status because you do not have a job, and you still do not change your status back to H4 in the hopes that you'll eventually land a job, then you have no right to stay in this country.
Please refrain from bringing in the refugees, their struggle and hardships and try to dilute what I have been saying in this entire thread!
more...
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eb3_nepa
05-03 05:01 PM
Only if PD is current!!!
knnmbd,
If u can only file for AOS if PD is current then how does it work?
I thought that if u had an advanced degree u were exempt from the quota right? So then cant u just apply?
knnmbd,
If u can only file for AOS if PD is current then how does it work?
I thought that if u had an advanced degree u were exempt from the quota right? So then cant u just apply?
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stldude
08-13 03:20 PM
I-140 approved from Texas.
Congrats! Where is ur I140 approved from.
Congrats! Where is ur I140 approved from.
more...
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bang
11-18 01:10 AM
Done !
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485Mbe4001
03-28 11:31 AM
:D yes. I want to predict what I will do (or what i want to do) to USCIS, but i will be banned.;)
Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)
Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)
more...
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mariner5555
05-05 04:49 PM
what is prediction on eb3 PD: 2nd Feb 08?
is that your PD ? unless a miracle happens a person who files on feb 2008 would get his GC in feb 2015
is that your PD ? unless a miracle happens a person who files on feb 2008 would get his GC in feb 2015
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gc_on_demand
11-19 05:15 PM
Thank you for contacting me to express your concerns regarding the management of Employment-Based Second Preference Visas. Your opinion is very important to me, and I appreciate the opportunity to respond to you about this issue.
The number of unused visas is a concern that plagues our current immigration system. As a result, I believe it is important to reform our immigration system to meet the demands of our global marketplace. You may be pleased to know that I introduced S. 1085, the Reuniting Families Act (RFA), to not only address the issue of family reunification, but also to recapture employment-based visas that haven't been used in past years so that they may be used in future years. This bill also eliminates the current backlogs and long wait times in the family immigration system. Please rest assured that I will keep your views in mind as I continue to address the concerns of employment-based visas in the context of comprehensive immigration reform.
Several Senators including myself are currently working on a comprehensive immigration reform framework that aims to fix all the problems within our current immigration system. I thank you for sharing your thoughts with me, and I appreciate your support. Please do not hesitate to contact me if I can be of further assistance. I invite you to visit my website (Robert Menendez - US Senator for New Jersey: Home (http://menendez.senate.gov)) to learn more about how I am standing up for New Jersey families in the United States Senate.
The number of unused visas is a concern that plagues our current immigration system. As a result, I believe it is important to reform our immigration system to meet the demands of our global marketplace. You may be pleased to know that I introduced S. 1085, the Reuniting Families Act (RFA), to not only address the issue of family reunification, but also to recapture employment-based visas that haven't been used in past years so that they may be used in future years. This bill also eliminates the current backlogs and long wait times in the family immigration system. Please rest assured that I will keep your views in mind as I continue to address the concerns of employment-based visas in the context of comprehensive immigration reform.
Several Senators including myself are currently working on a comprehensive immigration reform framework that aims to fix all the problems within our current immigration system. I thank you for sharing your thoughts with me, and I appreciate your support. Please do not hesitate to contact me if I can be of further assistance. I invite you to visit my website (Robert Menendez - US Senator for New Jersey: Home (http://menendez.senate.gov)) to learn more about how I am standing up for New Jersey families in the United States Senate.
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h1techSlave
05-01 04:56 PM
Can you add another question in the poll?
Would you be willing to contribute towards this work? (Hiring a lawyer/FOIA request etc.)
Done, added poll.
Would you be willing to contribute towards this work? (Hiring a lawyer/FOIA request etc.)
Done, added poll.
gk_2000
02-17 02:45 PM
Answer to this:
effective marketing...something called MLM was used and some false promises.
This event cannot run based on MLM or false promises.
It can be successful only if every member understands their contribution and participation is key for this event and they are the one who can solve their immigration issue by taking this event seriously.
this:
I respectfully disagree. It has nothing to do with marketing, fraud desi companies put up free ads on sulekha, its the mindset of a large number of our audience we are missing and need to account for. maybe it has to do with jugaad/kludge - the goal defines the means (loosely).
Of course many of these expectations cannot be satisfied in a honest non profit.
And this:
A dinner for a family costs $50 easily.
A movie for a family costs $50.
The mindset is incepted deep inside and it is extremely difficult to change.
Sometimes, I see people wanting to do something, but their spouses don't allow them to.
When I told people that I received GC - some desis who r still waiting got pissed. I heard all sorts of things, some say "You cheated", some say "Never knew you were Eb2", some say, "Are you sure?, have you got the cards yet?, Did you finish biometrics?" Some eb3 folks said "We will get ours too, some issue with finger prints , my husband's boss is very close to the congressman and we have influence in INS", some say "Your lawyer did some magic" etc.....
People carry such mindsets, it is difficult to bring about awareness and change.
is this:
agree, it cannot be really changed by us. even if people willingly try to achieve a new mindset with positive programming, it takes months to achieve.
Guess we have to work with what we have. There may be a solution, but only people with a similar mindset can come up with it.
Positive programming. Could we start it inside ourselves first? Stop ranting and lamenting?
The point is not that tri-state was crooked etc. The point is, they got the cash because they made themselves known as an entity that does some service
Same with IV. If IV is just a rant board, who will believe? We must change IV!
effective marketing...something called MLM was used and some false promises.
This event cannot run based on MLM or false promises.
It can be successful only if every member understands their contribution and participation is key for this event and they are the one who can solve their immigration issue by taking this event seriously.
this:
I respectfully disagree. It has nothing to do with marketing, fraud desi companies put up free ads on sulekha, its the mindset of a large number of our audience we are missing and need to account for. maybe it has to do with jugaad/kludge - the goal defines the means (loosely).
Of course many of these expectations cannot be satisfied in a honest non profit.
And this:
A dinner for a family costs $50 easily.
A movie for a family costs $50.
The mindset is incepted deep inside and it is extremely difficult to change.
Sometimes, I see people wanting to do something, but their spouses don't allow them to.
When I told people that I received GC - some desis who r still waiting got pissed. I heard all sorts of things, some say "You cheated", some say "Never knew you were Eb2", some say, "Are you sure?, have you got the cards yet?, Did you finish biometrics?" Some eb3 folks said "We will get ours too, some issue with finger prints , my husband's boss is very close to the congressman and we have influence in INS", some say "Your lawyer did some magic" etc.....
People carry such mindsets, it is difficult to bring about awareness and change.
is this:
agree, it cannot be really changed by us. even if people willingly try to achieve a new mindset with positive programming, it takes months to achieve.
Guess we have to work with what we have. There may be a solution, but only people with a similar mindset can come up with it.
Positive programming. Could we start it inside ourselves first? Stop ranting and lamenting?
The point is not that tri-state was crooked etc. The point is, they got the cash because they made themselves known as an entity that does some service
Same with IV. If IV is just a rant board, who will believe? We must change IV!
chmur
07-27 06:58 PM
It has been hinted that EB3 lobbying undermines recapture efforts . Could proponents of this theory explain how??
Why both cannot happen simultaneously??
I have only seen implications to this effect but nobody has come forward and said it plainly - You EB3 folks don't spoil the EB2 party because you had it good previous years and we are afraid if you make too loud a noise, our party might come crashing down.
Everybody seems to imply it but nobody wants to call it as plainly as I stated it above.
I might have exaggerated the fear factor but I am unable to find any other reason as to they would discourage EB3-I lobby under the pretext of recapture efforts.
Why both cannot happen simultaneously??
I have only seen implications to this effect but nobody has come forward and said it plainly - You EB3 folks don't spoil the EB2 party because you had it good previous years and we are afraid if you make too loud a noise, our party might come crashing down.
Everybody seems to imply it but nobody wants to call it as plainly as I stated it above.
I might have exaggerated the fear factor but I am unable to find any other reason as to they would discourage EB3-I lobby under the pretext of recapture efforts.
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