Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > AC21 Portability after 180 days of 485 filing
Click to log in with Facebook
AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 06-16-2008, 03:27 PM
Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Aug 2007
Posts: 34
gps001 can only hope to improve
Default Risks of moving from H1-B to EAD (Client offering full time employment)

1. I am on H1-B working with a consulting company and H1 is valid until mid 2010, which will be the 7th year.

2. I got a 3 year extension on H1 from 2007-2010 based on I-140. In Oct 2008, I will be completing 5 years of H1.

3. I also have a GC being processed, I-140 approved, I-485 pending and EAD in hand, 10 months passed after EAD came in hand, 2 years passed after I-140 approval.

The client has offered me a job, with about 15% more than what I would be getting .

----------
My questions
----------

a If I go on EAD, and my EAD gets rejected, what are my options?

b. Client doesn't do H1-B at all. If I find another consulting company who could hire me (to essentially work at the same client), do I have time after I-485 rejection to apply for H1-B? Is it even possible to do this, considering that my first H1-B is not valid, and that I have exhausted

c. Say I worked on EAD for 1 year and after that I get a I-485 reject. Since I have a 1 year gap, can I start back the H1-B process with my 6 year counter resetting?


------------
d. With respect to my GC sponsoring company , what action could they take after 10 months of I-140 approval and EAD, to affect my GC process

e. What problems do you think can hinder my GC processing, if I don't work for them anymore?

Thanks.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 06-16-2008, 03:34 PM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: May 2007
Posts: 714
kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of
Default

The test is simple.

1. If there is any reason for your 485 to be rejected, you should already be knowing it. If not, then your 485 will not be rejected.

2. Going to extra trouble to maintain H-1b during the 485 phase is only for people who have paranoid & unfounded fears about the GC process.

If you think this way, you will have a better handle on the situation.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 06-16-2008, 03:37 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
06/12/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
Compare
Join Date: Apr 2007
Posts: 237
chantu is a splendid one to behold chantu is a splendid one to behold chantu is a splendid one to behold chantu is a splendid one to behold chantu is a splendid one to behold chantu is a splendid one to behold chantu is a splendid one to behold
Default

Quote:
Originally Posted by kaisersose View Post
The test is simple.

1. If there is any reason for your 485 to be rejected, you should already be knowing it. If not, then your 485 will not be rejected.

2. Going to extra trouble to maintain H-1b during the 485 phase is only for people who have paranoid & unfounded fears about the GC process.

If you think this way, you will have a better handle on the situation.
What kind of answers are these?? If you don't know, don't answer. Simple.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 06-16-2008, 03:40 PM
Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Aug 2007
Posts: 34
gps001 can only hope to improve
Default

Ok. Is there some known statistic about the rejection rate of a I-485?



Quote:
Originally Posted by kaisersose View Post
The test is simple.

1. If there is any reason for your 485 to be rejected, you should already be knowing it. If not, then your 485 will not be rejected.

2. Going to extra trouble to maintain H-1b during the 485 phase is only for people who have paranoid & unfounded fears about the GC process.

If you think this way, you will have a better handle on the situation.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 06-16-2008, 03:41 PM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: May 2007
Posts: 714
kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of
Default

Quote:
Originally Posted by chantu View Post
What kind of answers are these?? If you don't know, don't answer. Simple.
They are perfectly sensible answers and address the OP's doubts.

If they do not appear sensible to you, then I suggest you look up "possible causes for 485 rejection". Everything will fall into place.
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 06-16-2008, 03:46 PM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: May 2007
Posts: 714
kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of
Default

Quote:
Originally Posted by gps001 View Post
Ok. Is there some known statistic about the rejection rate of a I-485?
I am not aware of one. *All* the rejections that I have seen are due to mistakes such as,

1. Employer withdraws an approved 140 after 180 days and CIS makes an error.

2. The applicant's attorney goofed up and failed to respond to an RFE.

In both these situations the applicants were able to correct the problem and get approved. The only real possiblity of rejection is due to fraud or criminal activity, but I am not aware of real examples.

A case that is rejectable will not get past the 140 stage. So as long as the applicant has not engaged in fraud or criminal activity, there is no chance of 485 rejection. Rejections due to mistakes can always be corrected and they do not require you to have a backup H-1b.
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 06-16-2008, 04:39 PM
Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
03/08/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/04/2007
Compare
Join Date: Mar 2006
Posts: 68
karthkc is on a distinguished road
Default Ignorance is bliss...

Quote:
Originally Posted by chantu View Post
What kind of answers are these?? If you don't know, don't answer. Simple.
The answers are responsive to the questions posed. Without specifics in the question (not the scenario), one can only answer in generalities.

If you don't understand the answers, don't ridicule them. "Simple"

--Karthik
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 06-16-2008, 04:52 PM
Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
03/08/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/04/2007
Compare
Join Date: Mar 2006
Posts: 68
karthkc is on a distinguished road
Default To add...

Please note my responses below.

Thanks!

Quote:
Originally Posted by gps001 View Post
1. I am on H1-B working with a consulting company and H1 is valid until mid 2010, which will be the 7th year.

2. I got a 3 year extension on H1 from 2007-2010 based on I-140. In Oct 2008, I will be completing 5 years of H1.

3. I also have a GC being processed, I-140 approved, I-485 pending and EAD in hand, 10 months passed after EAD came in hand, 2 years passed after I-140 approval.

The client has offered me a job, with about 15% more than what I would be getting .

----------
My questions
----------

a If I go on EAD, and my EAD gets rejected, what are my options?

-- Highly remote since EAD issuance usually does not involve any status checks except for background verification. As Kaisersose said, EAD rejections normally happens either with typos, invalid fees or plain old attorney goof-ups.

b. Client doesn't do H1-B at all. If I find another consulting company who could hire me (to essentially work at the same client), do I have time after I-485 rejection to apply for H1-B? Is it even possible to do this, considering that my first H1-B is not valid, and that I have exhausted

-- 485 rejection is serious business. You mentioned you have your 140 approved. What causes you to think that your 485 will be denied? If there are circumstances that indicate a possibility, my advice would be to consult a good attorney for that. To answer your question, switching back from EAD to H1B, in your case, before the expiration of your H1B clock will allow you to use the remaining time. If there is no time left, worst case scenario you will have to leave the country and come back on a new H1B. Either occurrence will not happen immediately since you have legal recourse to appeal your 485rejection and you will not be in status violation as long as your appeal is pending.

c. Say I worked on EAD for 1 year and after that I get a I-485 reject. Since I have a 1 year gap, can I start back the H1-B process with my 6 year counter resetting?

-- USCIS is not clear on this. Search the threads on this forum and google for commonly held views.

------------
d. With respect to my GC sponsoring company , what action could they take after 10 months of I-140 approval and EAD, to affect my GC process

-- Short of proving fraud, there is not much they can do. Again, like Kaisersose suggested, google it.
e. What problems do you think can hinder my GC processing, if I don't work for them anymore?

-- I can't think of any unless you can think of specifics.

Thanks.
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 06-16-2008, 04:53 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
06/12/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
Compare
Join Date: Apr 2007
Posts: 237
chantu is a splendid one to behold chantu is a splendid one to behold chantu is a splendid one to behold chantu is a splendid one to behold chantu is a splendid one to behold chantu is a splendid one to behold chantu is a splendid one to behold
Default

"karthik Swami",

The first reply by Kaiser was not answer, it was "bhashan".

The second reply by Kaiser was generalized answer for generalized question. It was good answer.

And your post was poking your nose, when the issue is settled.

Now continue your work

Last edited by chantu; 06-16-2008 at 05:43 PM.
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 06-16-2008, 05:00 PM
Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
03/08/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/04/2007
Compare
Join Date: Mar 2006
Posts: 68
karthkc is on a distinguished road
Default Really..

Quote:
Originally Posted by chantu View Post
"karthik Swami",

The first reply by Kaiser was not answer, it was "bhashan".

The second reply by Kaiser was generalized answer for generalized question. It was good answer.

And your post was poking your nose, when the issue is settled.

Now continue your work.
Maybe so. But it was not a judgement call for you to make. It was between the OP and him..And pray, who started the nose poking?

Peace.
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 06-16-2008, 05:03 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
06/12/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
Compare
Join Date: Apr 2007
Posts: 237
chantu is a splendid one to behold chantu is a splendid one to behold chantu is a splendid one to behold chantu is a splendid one to behold chantu is a splendid one to behold chantu is a splendid one to behold chantu is a splendid one to behold
Default

Quote:
Originally Posted by karthkc View Post
Maybe so. But it was not a judgement call for you to make. It was between the OP and him..And pray, who started the nose poking?

Peace.
"Peace"..raised white flag so soon ...good!!!
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 06-16-2008, 05:29 PM
Member
Priority Date
:
Apr-07
Category
:
EB2
I140 Mailed Date
:
07/10/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/12/2007
Compare
Join Date: Dec 2007
Posts: 28
coolest_me is infamous around these parts coolest_me is infamous around these parts coolest_me is infamous around these parts coolest_me is infamous around these parts
Default Ron Gotcher Views

Here is the Ron Gotcher views on this topic. May be helpful for you to make a decision.


http://immigration-information.com/f...b=10#comment39

Last edited by coolest_me; 06-16-2008 at 05:30 PM. Reason: spelling mistake
Bookmark and Share Compare Reply With Quote


  #13 (permalink)  
Old 06-16-2008, 05:31 PM
Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Aug 2007
Posts: 34
gps001 can only hope to improve
Default

Thanks guys. I found a more accurate answer http://immigrationvoice.org/forum/sh...99&postcount=3

Reasons enough to worry??
Bookmark and Share Compare Reply With Quote


  #14 (permalink)  
Old 06-16-2008, 05:35 PM
Member
Priority Date
:
Sep-07
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: May 2008
Posts: 43
loveiv will become famous soon enough
Default

Quote:
Originally Posted by chantu View Post
What kind of answers are these?? If you don't know, don't answer. Simple.
For me kaisorose answers make sense.
Bookmark and Share Compare Reply With Quote


  #15 (permalink)  
Old 06-16-2008, 05:47 PM
Junior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
04/07/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/21/2007
Compare
Join Date: Mar 2006
Posts: 9
sundarraj_us is on a distinguished road
Default

Quote:
Originally Posted by kaisersose View Post
I am not aware of one. *All* the rejections that I have seen are due to mistakes such as,

1. Employer withdraws an approved 140 after 180 days and CIS makes an error.

2. The applicant's attorney goofed up and failed to respond to an RFE.

In both these situations the applicants were able to correct the problem and get approved. The only real possiblity of rejection is due to fraud or criminal activity, but I am not aware of real examples.

A case that is rejectable will not get past the 140 stage. So as long as the applicant has not engaged in fraud or criminal activity, there is no chance of 485 rejection. Rejections due to mistakes can always be corrected and they do not require you to have a backup H-1b.
Is employer can revoke approved I-140 and 180 days means after date of approval or filing, let me know…
Thanks in advance…
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
H1b Transfer Risks Archana_D FREE Lawyer conference calls 1 05-20-2010 09:51 AM
Working Part time on EAD & moving back to H1B with same employer milestogo Non-Immigrant Visa 0 03-31-2009 03:54 PM
What is the diff. between Working on W2 vs Full time employment (using EAD) ? gxr Work/Travel options after 485 : H1 Versus EAD/AP 3 08-09-2008 03:02 PM
Full time + Part time job/Self Employment after 180 days americandesi Work/Travel options after 485 : H1 Versus EAD/AP 8 09-21-2007 07:21 PM



All times are GMT -4. The time now is 11:29 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org