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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 11-17-2007, 06:17 PM
Senior Member
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
09/18/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Join Date: Oct 2006
Posts: 235
sweet_jungle is a jewel in the rough sweet_jungle is a jewel in the rough sweet_jungle is a jewel in the rough
Default AC-21 strategy

With the AC-21 time bomb ticking and about to hit companies in the New Year, now is the time to discuss an effective AC-21 strategy.

The question is to use H1 transfer or use EAD.

1) If H-1 transfer is used, then INS will come to know that you have done a job change with I-485 pending.Chances of getting RFE are high and resulting in potential delays in I-485 adjudication.

2) If EAD is used, INS will not come to know. the risk is you lose H1 status. So, If I485 is denied, you are out of status.

3) If you do H1 transfer, is I-485 receipt enough to get 3 year extension? I do not have copy of approved I-140 and I am retrogressed.

4) I am assuming that most big companies do not revoke I-140. Is this true?
Even though I-140 revokation after 180 days has no effect, it can still generate RFE.

I would welcome comments on the above questions.
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  #2 (permalink)  
Old 11-18-2007, 12:31 AM
Senior Member
Priority Date
:
Aug-06
Category
:
EB3
I140 Mailed Date
:
10/25/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Feb 2007
Posts: 250
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Default

Before Jun 07 when my I-140 got approved, i was looking into what it takes to get a 3 yr ext with a new employer.
It appeared to me that one will need to have a copy of I-140 from his/her previous employer.


Another question when using AC-21 via H1b transfer, (or even EAD for that matter)

how does one bring up the topic of AC-21 to the employer?

Is is as simple a putting a condition to them saying hey "I will need an employment verification letter from you to ensure that my 485 process started with my previous employer will not be hindered."

(I am not talking desi consulting coy...but other companies where the HR person might not have a clue of what AC21 is!)
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  #3 (permalink)  
Old 11-18-2007, 12:43 AM
Senior Member
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
09/18/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Oct 2006
Posts: 235
sweet_jungle is a jewel in the rough sweet_jungle is a jewel in the rough sweet_jungle is a jewel in the rough
Default Ac-21

This is good info. How did it appear to you that you will need I-140 for 3 year extension? Could you elaborate? If I-485 copy is submitted, INS by looking at the case should be able to get the priority date and determine that this person has I-140 approved and is retrogressed and thus eligilbe for 3 year extension. Anyways, worst case, 1 year extension will definitely be obtained, which should be fine.

I have already filed G-639 to get I-140 copy. Will follow up on that.

As for talking to HR, just talk to them in terms of EAD or H1 transfer.
then, you can talk to new company's lawyer and file a G-28 so that they represent you in your I-485 and cancel previous company's attorney representation.

employment verification letter is needed only if INS issues RFE. Then, company just needs to issue a letter with job description and intention to keep you.

I am leaning towards using EAD. That way, INS will not come to know that you have changed companies. If you use H-1 transfer, INS will come to know and promptly issue RFE for I-485.

these are all my theories and I am looking for people with real experience in this matter.

Quote:
Originally Posted by sundarpn View Post
Before Jun 07 when my I-140 got approved, i was looking into what it takes to get a 3 yr ext with a new employer.
It appeared to me that one will need to have a copy of I-140 from his/her previous employer.


Another question when using AC-21 via H1b transfer, (or even EAD for that matter)

how does one bring up the topic of AC-21 to the employer?

Is is as simple a putting a condition to them saying hey "I will need an employment verification letter from you to ensure that my 485 process started with my previous employer will not be hindered."

(I am not talking desi consulting coy...but other companies where the HR person might not have a clue of what AC21 is!)
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