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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 12-25-2008, 09:56 PM
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Default Some questions

Please help with the following:

1. If one has both Labor and I-140 approved, then how long will one get his H1B extension for? I am in 7th year of H1B already, just wondering when we apply for h1b extension, will it be for 2 years or 3 years?

2. I don't have EAD as I am still using H1B. If I lose job due to layoff etc, can I apply EAD on my own or my current/future employer will need to apply?

3. How long do you get to find another job if you lose job (assume Labor and I-140 approved)? I mean how long do you stay in status without a job if you lose your job?

3a. Does you new job has to have same title, same job code, and same job description as filed in the labor application? How do you get that job description if you don't have a copy of the labor application?

4. What is best: stay on H1B or use EAD. Why?

5. I am working for the same employer for 10 years, how long will I have to stay with them after getting the green card? Just asking for the sake of following all the rules properly even though I have no plans to quit my current job as I am pretty satisfied.

6. Traveling to and from Canada: My family and I are all Canadian citizens. I have H1B, my wife has EAD and wife/kids have H4 dependent visas. I have labor and I-140 approved. Can we travel to Canada and come back to USA withOUT Advance Parole or travel approval? Or do we need to apply for travel authorization etc to travel to Canada?

Thank you for your time and responses.
Please advise.

-----------------------
EB3 - India
PD Oct 2004
Labor - Approved.
1-140 - Approved.

Last edited by kumarr; 12-25-2008 at 10:04 PM.
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  #2 (permalink)  
Old 12-25-2008, 10:53 PM
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Default Answers in line

Please read...
Quote:
1. If one has both Labor and I-140 approved, then how long will one get his H1B extension for? I am in 7th year of H1B already, just wondering when we apply for h1b extension, will it be for 2 years or 3 years?
3 years
2. I don't have EAD as I am still using H1B. If I lose job due to layoff etc, can I apply EAD on my own or my current/future employer will need to apply?
If you have filed 485, then you can apply on your won with the 485 receipt.
3. How long do you get to find another job if you lose job (assume Labor and I-140 approved)? I mean how long do you stay in status without a job if you lose your job?
If you are on AOS/EAD, anytime. If on H1B, then immediately.
3a. Does you new job has to have same title, same job code, and same job description as filed in the labor application? How do you get that job description if you don't have a copy of the labor application?
Only when your 485 is adjudicated or if you apply for AC21 benefits
4. What is best: stay on H1B or use EAD. Why?
See related threads, I will try post a link. H1B is safer.
5. I am working for the same employer for 10 years, how long will I have to stay with them after getting the green card? Just asking for the sake of following all the rules properly even though I have no plans to quit my current job as I am pretty satisfied.
See Rajiv Khanna's blog on immigration.com. 6 months is the norm, but some folks have left immediately after getting GC w/o any issues.
6. Traveling to and from Canada: My family and I are all Canadian citizens. I have H1B, my wife has EAD and wife/kids have H4 dependent visas. I have labor and I-140 approved. Can we travel to Canada and come back to USA withOUT Advance Parole or travel approval? Or do we need to apply for travel authorization etc to travel to Canada?
Wife needs AP if using EAD, else they need H4 stamp if expired. You need valid unexpired stamp on H1B
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  #3 (permalink)  
Old 12-26-2008, 12:24 PM
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Default

Thank you very much for all your answers.

Can you please detail a little bit more on #3 and #6?

Thanks again.
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  #4 (permalink)  
Old 12-30-2008, 02:45 PM
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Default

-----------------------------------------------------
Quote: Wife needs AP if using EAD, else they need H4 stamp if expired. You need valid unexpired stamp on H1B
-----------------------------------------------------

What do you mean by "valid stamp"? Where do you get it? Before leaving the country or when entering the USA again?

Please explain.
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  #5 (permalink)  
Old 12-30-2008, 02:54 PM
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Default Valid Visa

To enter US back you need valid visa on Passport. If you dont have one, i think you need to go to the US consulate in Canada to get it stamped.

To travel back you need either AP or Valid Visa.

Quote:
Originally Posted by kumarr View Post
-----------------------------------------------------
Quote: Wife needs AP if using EAD, else they need H4 stamp if expired. You need valid unexpired stamp on H1B
-----------------------------------------------------

What do you mean by "valid stamp"? Where do you get it? Before leaving the country or when entering the USA again?

Please explain.
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  #6 (permalink)  
Old 12-30-2008, 04:00 PM
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Default

I have valid H1B and wife and kids have valid H4.

Wife does work using EAD though.

So do we still need another type of visa or we are ok with H1B and H4?

Thanks.
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  #7 (permalink)  
Old 12-30-2008, 04:31 PM
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Default

Since your wife works using her EAD, her H visa (h1 or H4) isn't valid anymore.

To re-enter the US i think you would then need an approved AP for your wife.
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