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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 10-12-2007, 03:19 PM
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Default EAD = GC with strings attached? What are risks of EAD ?

Now that many of us have EAD, with no hope in sight of getting GC (in the next few years)...

so is this as close we can get to the freedom offered by GC?
----------------------
Travel Freely without Visa/Stamping:
[WithGC] Travel without visas v/s [with EAD] use existing H1 stamp or use Advance Parole

Start Company:
[WithGC] Yes v/s [with EAD] Yes

Yearly Cost:
[WithGC] $0 v/s [with EAD] around $1000 (for EAD/AP)

Laid Off?:
[WithGC] No Problem v/s [with EAD] work for your own LLC

Peace of Mind:
[WithGC] From Employerophobia, yes v/s [with EAD] free after 180 days of I-485 receipt

Buy House:
[WithGC] Yes v/s [with EAD] Yes

Worst that could happen:
[WithGC] kids becoming ABCD v/s [with EAD] 485 gets rejected

feel free to add to this list...
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Last edited by redindian; 10-12-2007 at 03:39 PM.
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  #2 (permalink)  
Old 10-12-2007, 03:21 PM
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sathyaraj will become famous soon enough
Default Great analogy!!

Yes in a way it is poor man's GC. But if you really look at closely EAD offers everything with risks associated.
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Old 10-12-2007, 03:48 PM
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Question 485 rejection?

Quote:
Originally Posted by sathyaraj View Post
Yes in a way it is poor man's GC. But if you really look at closely EAD offers everything with risks associated.
Under what circumstances does 485 gets rejected?

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Old 10-12-2007, 04:36 PM
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Default

Fraud....
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  #5 (permalink)  
Old 10-12-2007, 04:57 PM
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sathyaraj will become famous soon enough
Default Many possible ways

There could be several reasons:
a. No pay on H1B for more than 180 days.
b. Used any fraud documents
c. Changed employers using AC21 but to a job in different field.
d. Failure to give FP in time
e. Failure to respond to RFE/NOID in time

But nothing to worry if you have a good record

Quote:
Originally Posted by Vsach View Post
Under what circumstances does 485 gets rejected?

Regards
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  #6 (permalink)  
Old 10-12-2007, 06:07 PM
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sanjeev_2004 is infamous around these parts sanjeev_2004 is infamous around these parts
Default Currect

Quote:
Originally Posted by redindian View Post
Now that many of us have EAD, with no hope in sight of getting GC (in the next few years)...

so is this as close we can get to the freedom offered by GC?
----------------------
Travel Freely without Visa/Stamping:
[WithGC] Travel without visas v/s [with EAD] use existing H1 stamp or use Advance Parole

Start Company:
[WithGC] Yes v/s [with EAD] Yes

Yearly Cost:
[WithGC] $0 v/s [with EAD] around $1000 (for EAD/AP)

Laid Off?:
[WithGC] No Problem v/s [with EAD] work for your own LLC

Peace of Mind:
[WithGC] From Employerophobia, yes v/s [with EAD] free after 180 days of I-485 receipt

Buy House:
[WithGC] Yes v/s [with EAD] Yes

Worst that could happen:
[WithGC] kids becoming ABCD v/s [with EAD] 485 gets rejected

feel free to add to this list...


I am waiting for 25th Jan, 2008 and for I 140 to be approved. I might not change employer on 26, Jan, 2008 even if I get I140 approved but I think after 25th Jan, 2008 I will be in different world. World of freedom where I will not work as a chained labor. I wont be having any fear of my employer.
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I140 applied on 16 May 2007 and pending.
Employer is saying he didnt get I140 reciept notice.
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I485 Notice date 14 Sep 2007.
EAD Approved on 27 Sep, 2007.
AP Aproved on 4th Oct 2007.

Last edited by sanjeev_2004; 10-12-2007 at 06:10 PM.
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  #7 (permalink)  
Old 10-12-2007, 06:11 PM
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Default I am agree with sanjeev_2004

I am agree with sanjeev_2004
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  #8 (permalink)  
Old 10-12-2007, 06:12 PM
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Default

sanjeev,
Pardon me but whats special about 25th Jan, 2008?
180 days for Ac21?


Quote:
Originally Posted by sanjeev_2004 View Post
I am waiting for 25th Jan, 2008 and for I 140 to be approved. I might not change employer on 26, Jan, 2008 even if I get I140 approved but I think after 25th Jan, 2008 I will be in different world. World of freedom where I will not work as a chained labor. I wont be having any fear of my employer.
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  #9 (permalink)  
Old 10-12-2007, 06:15 PM
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canleo98 will become famous soon enough
Default

Quote:
Originally Posted by sam2006 View Post
sanjeev,
Pardon me but whats special about 25th Jan, 2008?
180 days for Ac21?

He will get the freedom to celebrate Republic day of India one day in advance
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  #10 (permalink)  
Old 10-12-2007, 06:17 PM
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Default We can celebrate all when retrogression is over :)

Do not know when that is going to happen yet.
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  #11 (permalink)  
Old 10-12-2007, 06:20 PM
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Default last day of Retro

I hope 25th Jan, 2008 is the last day of Retro
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  #12 (permalink)  
Old 10-12-2007, 06:21 PM
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Default 180 days

Quote:
Originally Posted by sam2006 View Post
sanjeev,
Pardon me but whats special about 25th Jan, 2008?
180 days for Ac21?
On 25th Jan, 2008 I will complete 180 after filing I485.

Most of us are completeing 180 days in Jan.

(My signature has I485 receipt date.)
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Employer is saying he didnt get I140 reciept notice.
I485 Receipt date 25 Jul 2007.
I485 Notice date 14 Sep 2007.
EAD Approved on 27 Sep, 2007.
AP Aproved on 4th Oct 2007.

Last edited by sanjeev_2004; 10-12-2007 at 06:54 PM.
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  #13 (permalink)  
Old 10-12-2007, 07:20 PM
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Default

Quote:
Originally Posted by sanjeev_2004 View Post
On 25th Jan, 2008 I will complete 180 after filing I485.

Most of us are completeing 180 days in Jan.

(My signature has I485 receipt date.)
To make you feel even better, It's 180 days and not 6 months.. so your independence day is 22nd January )
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  #14 (permalink)  
Old 10-12-2007, 08:18 PM
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Default when I will get I140?

Quote:
Originally Posted by WeShallOvercome View Post
To make you feel even better, It's 180 days and not 6 months.. so your independence day is 22nd January )

when I will get I140? Any Idea?
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  #15 (permalink)  
Old 10-12-2007, 08:25 PM
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Default Many folks

Quote:
Originally Posted by sathyaraj View Post
Yes in a way it is poor man's GC. But if you really look at closely EAD offers everything with risks associated.
Many folks are going to stick with H1 and not use EAD because if the 485 is rejected, then they can still stay in country on H1. And if they can stay, then they can appeal the case of rejected 485.

If you are on EAD/AP, then if your 485 is rejected, then you are out of status and you have to go back right away and you cannot convert to H1 again. If you cant stay here, you cannot file for appeal.

For that reason alone, a lot of folks are not going to use EAD ever.
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