Mahmad Posted September 9, 2016 Report Share Posted September 9, 2016 Hello Friends, I have following questions to ask you. I really appreciate if you can answer me. I have H1b since Jun 2007 with one of the Desi consulting company in New Jersey and applied for Green card in EB2 category on 2009. I got my EAD and advance parole (AP) in 2012. I got married after get the EAD/AP and my wife came to USA on H4 visa as I am working on H1b till today. I have valid H1b till 2018 and valid EAD/AP till April 2017. My wife is 100% house wife now and she is not interested with further study or job. I am on bench period last one month and my desi consultant company terminates me next one month if I am not able to get project. I am planning to do H1b transfer to different company. I have below questions to ask you, 1. If I transfer my H1b to any new company, what is the status of my current EAD/AP which I got from my current employer? Will have to apply entire green card process again from new company? Will my EAD/AP card going to void? 2. How can I continue my green card process with new company after H1b transfer? What documents required to continue my green card process with new company? 3. I have H1b till Sep-2018 and have I-140 approved. I already passed 6 years of H1b. if I will not get my Green card till Sep-2018. Will my H1b going to extend next 3 years or not? 4. What is the use of AC21? If I use AC21, Will my wife stay with me in USA? Thank you. Link to comment
pontevecchio Posted September 9, 2016 Report Share Posted September 9, 2016 You can use AC21 to join a roughly similar job at any time. If a company is willing to give you a job they will sponsor the H1 too. You need to make sure they know your situation and ask for H1 sponsorship when you join a similar job. Link to comment
Mahmad Posted September 18, 2016 Author Report Share Posted September 18, 2016 On 9/9/2016 at 4:44 PM, pontevecchio said: You can use AC21 to join a roughly similar job at any time. If a company is willing to give you a job they will sponsor the H1 too. You need to make sure they know your situation and ask for H1 sponsorship when you join a similar job. Thanks for your answer. I have still have below questions. 1. If I use AC21 to join other company based on H1b trasfer, Will my current EAD/AP valid? OR Will start the GC process again with Labor, i-140 approval ? 2. If I use AC21 to join other company based on H1b transer, Will my H1b going to extend next 3 year after expired my current h1b validity ? Thanks Link to comment
pontevecchio Posted September 19, 2016 Report Share Posted September 19, 2016 1. You would seem to be off base here. By AC21 provisions you can join another company in a roughly similar job once the AOS has been pending for 6 months or more. I-140 revocation is not material to you if you use AC21 unless fraud is in the picture. The problem is you may be taking a job not necessarily valid for AC21 and on H1 status as a stopgap measure to keep your family here and also earn some money while looking for a suitable AC21 job. You do not have to inform the USCIS about using AC21 unless they send an RFE. Your AOS and hence AP/EAD will remain valid. It is EXTREMELY vital that you spend the money to keep a Lawyer in the loop and ASAP. 2. Maybe. But if you do not either go back to work for the original sponsor or find a suitable AC21 job by the time your H1 expires the question is redundant. TALK to a Lawyer. Help yourself. Link to comment
Attorney_15 Posted September 23, 2016 Report Share Posted September 23, 2016 The Murthy Forum is a free service provided to the public, but it is not a substitute for legal advice. An EAD Card and Advance Parole issued based on an I-485 are generally valid as long as the I-485 is pending with USCIS. If someone has the EAD/AP but has not used them, the person is still generally in the status held before getting the EAD/AP. Link to comment
RjRoots Posted October 5, 2016 Report Share Posted October 5, 2016 Hello Everyone , I am on the Same Boat. " An EAD Card and Advance Parole issued based on an I-485 are generally valid as long as the I-485 is pending with USCIS. If someone has the EAD/AP but has not used them, the person is still generally in the status held before getting the EAD/AP. " As per Attorney_15 .My Understanding/Guess is we may need process the Labor/I140 Again and H1 Transfer as well. Please correct me if i am wrong. Thanks, Raja Link to comment
pontevecchio Posted October 5, 2016 Report Share Posted October 5, 2016 A person awaiting AOS is legally allowed to stay till the GC is obtained. He may or may not have EAD/AP and he may or may not any other status. Link to comment
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