skgc
04-01 01:33 AM
Hi All,
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
wallpaper pictures Advance Happy
hari_babu22
11-17 05:31 PM
done
xtronics
04-22 08:05 AM
Extremely sorry to hear the news. My sympathy to his family
2011 wallpaper happy birthday in
pani_6
12-10 08:14 AM
My concern is that if CIR does not get taken up sooner that May07...it may be postponed to 09 due to election politics being a hot potato issue...what I would suggest is that we start working from the first day the congress starts and whether through QGA or through indiviual senators try to pass just non-contraversial benefits like ability to file EAD after I-140, recapture of Visa numbers and Spouse and kid not included in the Visa numbers and intorduce this bill and try to pass it.
What we need is a interim EB bill.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those...advise all state chapters meet thier senators about these same issue(ALL members are talking the same)
Intorduce these no later than End of Jan 07 for discussion. in senate..Lets explain to them that its going on getting postponed due to the fact senators are postponing the benefits to us syaing it will be included in the CIR...and so on...they have been very sincere in delaying this intentionally....
If we need to get started on the first day of congress I suggest we start getting organozed now...
What do you guys think!!
What we need is a interim EB bill.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those...advise all state chapters meet thier senators about these same issue(ALL members are talking the same)
Intorduce these no later than End of Jan 07 for discussion. in senate..Lets explain to them that its going on getting postponed due to the fact senators are postponing the benefits to us syaing it will be included in the CIR...and so on...they have been very sincere in delaying this intentionally....
If we need to get started on the first day of congress I suggest we start getting organozed now...
What do you guys think!!
more...
Caliber
05-01 08:55 AM
thanks akred for refering INA. I went through it now
In I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
is actually related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and not to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
IV Core. Can something be done to highlight this issue in your conversation with authorities ?
This is good idea. But Family GC's have a wait queue of 10-15 years. Only immediate family members of Citizens does not have queue.
But this is a good point to note when our Lobbyists discuss with USCIS.
In I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
is actually related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and not to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
IV Core. Can something be done to highlight this issue in your conversation with authorities ?
This is good idea. But Family GC's have a wait queue of 10-15 years. Only immediate family members of Citizens does not have queue.
But this is a good point to note when our Lobbyists discuss with USCIS.
hpandey
09-09 11:16 AM
It is depressing to see that nothing has changed much since the last post in this thread in 2007!
We are still in the same rut :mad: and not a single immigration news to read either :eek: let alone have any kind of active debate on the topic !!
You are wrong. There have been lot of changes. Two year EAD for one. And how about EB2 category moving to mid 2006 so most of the EB2 people before that have got GC or will surely get it next year. The only thing that hasn;'t changed is EB3 India. It was stuck in 2001 at that time and still is in 2001. It will crawl to 2002 in the coming year but that's that.
We are still in the same rut :mad: and not a single immigration news to read either :eek: let alone have any kind of active debate on the topic !!
You are wrong. There have been lot of changes. Two year EAD for one. And how about EB2 category moving to mid 2006 so most of the EB2 people before that have got GC or will surely get it next year. The only thing that hasn;'t changed is EB3 India. It was stuck in 2001 at that time and still is in 2001. It will crawl to 2002 in the coming year but that's that.
more...
GCStatus
09-16 04:42 PM
Only 2 people stepped up today....
How are we going to reach 1000?
Give it the benefit of the doubt of members not looking. We will wait till Thursday.
How are we going to reach 1000?
Give it the benefit of the doubt of members not looking. We will wait till Thursday.
2010 Have A Happy Birthday!
simple1
05-01 02:16 PM
FB2A which is not very far behind.
I know Spouse's PD will be same as Primary's PD . But good for people who filled 485. If person has latest PD let says Aug 2007 (Eb2 india ) .. Under Eb category he may be able to file 485. But dependent may not be able to file 485 as Family quota is backlogged. Family quota also has PD and category. Under which category spouses of primary will fall ? F2A ? F2B ? do you know this ?
I know Spouse's PD will be same as Primary's PD . But good for people who filled 485. If person has latest PD let says Aug 2007 (Eb2 india ) .. Under Eb category he may be able to file 485. But dependent may not be able to file 485 as Family quota is backlogged. Family quota also has PD and category. Under which category spouses of primary will fall ? F2A ? F2B ? do you know this ?
more...
eyeswe
05-01 10:38 AM
Thanks for bringing this up. In the byzantine world of USCIS regs this probably got lost somewhere?
But i agree with the post above .. we are really stuck between a rock anda hard place on this issue..If we ask them to move all spouse visa numbers to Family , which is how it should be based on the legislations you are quoting, then our partners will have to wait for more number of years than EB categories. It does not matter that EB3 is now U. my feeling is in the long run EB is a better category than FB....
Also it could present more issue for all those aged out folks who are at least in EB where the gravy train seems to be inching unlike the FB train... And we don't even need to scenario plan the FB if all our spouse appln goes in to taht bucket.. But there is an advantage.. the primary applicant could get their GC cards faster (I am assuming) and this probably may be truer (if there is anything like that) for India and China, where usually the EB applicantion includes spouse/child visa reequest as well..
Very hard to choose.. Also what happens if the primary applicant gets the GC, but the spouse cannot.. On waht visa he/she will continue? May be that is the reason why they assumed all spouse visa application as EB?
But i agree with the post above .. we are really stuck between a rock anda hard place on this issue..If we ask them to move all spouse visa numbers to Family , which is how it should be based on the legislations you are quoting, then our partners will have to wait for more number of years than EB categories. It does not matter that EB3 is now U. my feeling is in the long run EB is a better category than FB....
Also it could present more issue for all those aged out folks who are at least in EB where the gravy train seems to be inching unlike the FB train... And we don't even need to scenario plan the FB if all our spouse appln goes in to taht bucket.. But there is an advantage.. the primary applicant could get their GC cards faster (I am assuming) and this probably may be truer (if there is anything like that) for India and China, where usually the EB applicantion includes spouse/child visa reequest as well..
Very hard to choose.. Also what happens if the primary applicant gets the GC, but the spouse cannot.. On waht visa he/she will continue? May be that is the reason why they assumed all spouse visa application as EB?
hair #39;happy irthday greeting#39;
Jimi_Hendrix
12-14 06:13 PM
You are right CIR does contain provisions that allow workers to self petition.
And yes, SKIL does not allow us to self petition, it is a travesty.
And yes, SKIL does not allow us to self petition, it is a travesty.
more...
suavesandeep
07-20 12:17 AM
I pledge $100 for this cause also.
Would also like to thank Gopal (gsc999) for getting all the banners done and helping a lot in organizing the SJ rally.Kudos to all Noble souls in the IV Core. I think what IV has acheived is amazing and unprecedented. Also money is too small to repay all the hours and work you guys have put in.
I am sure God will bless all of you with a timely GC :). Best Wishes again.
Would also like to thank Gopal (gsc999) for getting all the banners done and helping a lot in organizing the SJ rally.Kudos to all Noble souls in the IV Core. I think what IV has acheived is amazing and unprecedented. Also money is too small to repay all the hours and work you guys have put in.
I am sure God will bless all of you with a timely GC :). Best Wishes again.
hot Happy Birthday Card for My
ThanksIV
12-08 04:22 PM
Sorry to hear your situration, but don't lose hope, miracle will happen to good people.
more...
house Funeral Card Friday - Happy Birthday, Jeff
BharatPremi
11-08 01:00 PM
When some one decides to apply AC21 by having an offer from another employer, it is not clear if one is required to inform USCIS about it. Some say one should, others say, not required. Has anyone seen any USCIS position on it? If not, perhaps we should make this as a question for next Ombudsman's conference call.
Good suggestion for bringing this to Ombudsman. BUt anyway informing USCIS would be the wise step in a sense you will not invite unforseen problems may be associated with not informing.
Good suggestion for bringing this to Ombudsman. BUt anyway informing USCIS would be the wise step in a sense you will not invite unforseen problems may be associated with not informing.
tattoo today I#39;m making my second card of the month with Jen#39;s Sketch for You to
gk_2000
07-21 12:00 AM
"Mind my language", clearly this must be a case of lost in translation. I am not entitled more or less, IV can close shop today, I did not come to the USA because there was EB1/2/3 or IV fighting my battles, enjoy your journey. Stop whining, there are millions of Americans suffering, don't tell me just because you know java you are better than them.
We human beings have established a certain world order
Why is tougher to get through EB1?
Why does your boss make more money than you?
Why does a certified plumber cost more?
Why do men go after a pretty girl? shouldn't the ugly one get attention as much attention?
Why Katrina Kaif is sought after not Nandita Das?
Why does a person with a 770 credit score get lower interest?
Why why why?
Oh BTW, if your toilet broke down, do not panic, shut your door tight get some air freshner, and then you could consider the pretty girl.
And if my toilet broke down, I will hire a plumber for an hour to fix it, I will not let the plumber move into a room in my house.
What are you expecting? You want IV to get you salvation?
Look, there is no compulsion, you don't like the system, it ain't going to upset anybody if you take the steamer to Bombay tonight.
Once again, "What you say displays a complete lack of understanding about the system"
THINK and speak.
We human beings have established a certain world order
Why is tougher to get through EB1?
Why does your boss make more money than you?
Why does a certified plumber cost more?
Why do men go after a pretty girl? shouldn't the ugly one get attention as much attention?
Why Katrina Kaif is sought after not Nandita Das?
Why does a person with a 770 credit score get lower interest?
Why why why?
Oh BTW, if your toilet broke down, do not panic, shut your door tight get some air freshner, and then you could consider the pretty girl.
And if my toilet broke down, I will hire a plumber for an hour to fix it, I will not let the plumber move into a room in my house.
What are you expecting? You want IV to get you salvation?
Look, there is no compulsion, you don't like the system, it ain't going to upset anybody if you take the steamer to Bombay tonight.
Once again, "What you say displays a complete lack of understanding about the system"
THINK and speak.
more...
pictures Funeral Card Friday - Happy Birthday, Jeff
KRock
07-11 10:54 AM
I'm a producer for Al Jazeera International in D.C. and I'd like to get in touch with someone about this story for our network. It would be nice to talk with you this morning (Wednesday 7/11) I can be reached at 202-496-4519 or 202-651-1613. Thank you for your time,
Kelly Rockwell
Kelly Rockwell
dresses which opens up into an Easel card (hadn#39;t done one of these for a while)!
ramus
05-29 08:01 PM
Great. Thanks.
sent the emails to senator/s
sent the emails to senator/s
more...
makeup card for lori
desi3933
06-27 02:00 PM
I asked my employer if they would tune the clauses to "1 yr after EAD" but they said NO - "it will be 1 yr after GC"
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
Employer can revoke I-140 anytime until I-485 is approved. After 180 calendar days of I-485 filing date, employee can continue I-485 seeking AC-21 protection . Employee must have open permanent job offer from another employer. The new job must be same or similar.
>> complaining against me to INS if i try to leave before getting the actual GC.
LoL. He is not even aware of the law. Employee is required join AFTER getting the green card, not before.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
Employer can revoke I-140 anytime until I-485 is approved. After 180 calendar days of I-485 filing date, employee can continue I-485 seeking AC-21 protection . Employee must have open permanent job offer from another employer. The new job must be same or similar.
>> complaining against me to INS if i try to leave before getting the actual GC.
LoL. He is not even aware of the law. Employee is required join AFTER getting the green card, not before.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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GCBy3000
06-05 10:03 AM
Is there premium for I485?
My lawyer will file today under premium processing. I will let you know, if my Lawyer becames a notice.
My lawyer will file today under premium processing. I will let you know, if my Lawyer becames a notice.
hairstyles The quot;Happy Birthdayquot; sentiment is from It#39;s a Jungle Out There.
sanhari
07-26 09:43 AM
GCperm, Thank you for your inputs.
I actually got this input of contacting congressman to implement this change, from USCIS only(their blog). I will also contact the ones mentioned in your posting. I also request all EB folks affected by this spillover usage not based on priority date, to contact them in addition to their local congressman. Let's not leave any stone unturned to make this happen, to help us all out. If this happens soon to create an impact, we may see some light in the upcoming bulletins. So all of you please do your part to contact them today(if not done already), I am on it now.
Sanhari,
If we go with your feeling, and run the Campaign right way then following is summary.
1) What you mentioned was there is no need to Legislative change for your solution only Interpretation of INA need to be changed challenged.
2) EB3 Folks want only on using Fall Across / Down /UP visa's to be allocated based on PD, rather then category.
3) Removing Country quota will need legislative change and EB3 folks don't want to take it on hand at this time.
4) You and EB3 folks are good with division created by this Campaign.
Now, If above summary is true then You need to be doing following,
1) READ INA and Find where is violation or Incorrect interpretation in Applying VISA to EB2.
2) You need to be contacting DOS - Mr. Charles Oppenheim / Hillary Clinton their 2007 interpretation of Applying VISA to EB2.
3) You need to be contacting DOS Liaison to Challenge their 2007 interpretation of Applying VISA to EB2.
4) If EB3 Guys are confident of incorrect INA interpretation, collect Money and Prepare for Law-Suit if needed.
5) As there is no Legislative changes needed, there is no need to contact Law makers (Senators, House members).
6) There is no Process improvements so no need to reach out to USCIS ombudsman.
7) Its About VISA allocation by DOS, so contacting USCIS won't help either.
Now Contacts for DOS,
Followings are Contact Information for DOS Liaison,
Palma R. Yanni (dl), DOS Liaison Committee Chair, AILA Past President, Washington, DC Contact Information (http://www.palma-yanni.com/contact.htm)
Jerome G. Grzeca, DOS Liaison Committee Vice-Chair, AILA Board of Governors, Milwaukee, WI http://www.grzecalaw.com/contact_us.cfm
Following is the Link to Send email/Questions to Department of State.
Contact Us at the U.S. State Department (http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=4Eiijc*j&p_accessibility=0&p_redirect=&p_lva=264&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTYsMTE2JnBfcHJvZHM9JnBfY2F0cz0mcF9wdj0 mcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ub CZwX3BhZ2U9MQ)
Following is the Contact information for DOS
http://www.state.gov/documents/organization/111781.pdf
Oppenheim, Charles W. CA/VO/F/IV L415(CHIEF SA-1 (202) 663-1087
Good Luck and God Bless.
I actually got this input of contacting congressman to implement this change, from USCIS only(their blog). I will also contact the ones mentioned in your posting. I also request all EB folks affected by this spillover usage not based on priority date, to contact them in addition to their local congressman. Let's not leave any stone unturned to make this happen, to help us all out. If this happens soon to create an impact, we may see some light in the upcoming bulletins. So all of you please do your part to contact them today(if not done already), I am on it now.
Sanhari,
If we go with your feeling, and run the Campaign right way then following is summary.
1) What you mentioned was there is no need to Legislative change for your solution only Interpretation of INA need to be changed challenged.
2) EB3 Folks want only on using Fall Across / Down /UP visa's to be allocated based on PD, rather then category.
3) Removing Country quota will need legislative change and EB3 folks don't want to take it on hand at this time.
4) You and EB3 folks are good with division created by this Campaign.
Now, If above summary is true then You need to be doing following,
1) READ INA and Find where is violation or Incorrect interpretation in Applying VISA to EB2.
2) You need to be contacting DOS - Mr. Charles Oppenheim / Hillary Clinton their 2007 interpretation of Applying VISA to EB2.
3) You need to be contacting DOS Liaison to Challenge their 2007 interpretation of Applying VISA to EB2.
4) If EB3 Guys are confident of incorrect INA interpretation, collect Money and Prepare for Law-Suit if needed.
5) As there is no Legislative changes needed, there is no need to contact Law makers (Senators, House members).
6) There is no Process improvements so no need to reach out to USCIS ombudsman.
7) Its About VISA allocation by DOS, so contacting USCIS won't help either.
Now Contacts for DOS,
Followings are Contact Information for DOS Liaison,
Palma R. Yanni (dl), DOS Liaison Committee Chair, AILA Past President, Washington, DC Contact Information (http://www.palma-yanni.com/contact.htm)
Jerome G. Grzeca, DOS Liaison Committee Vice-Chair, AILA Board of Governors, Milwaukee, WI http://www.grzecalaw.com/contact_us.cfm
Following is the Link to Send email/Questions to Department of State.
Contact Us at the U.S. State Department (http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=4Eiijc*j&p_accessibility=0&p_redirect=&p_lva=264&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTYsMTE2JnBfcHJvZHM9JnBfY2F0cz0mcF9wdj0 mcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ub CZwX3BhZ2U9MQ)
Following is the Contact information for DOS
http://www.state.gov/documents/organization/111781.pdf
Oppenheim, Charles W. CA/VO/F/IV L415(CHIEF SA-1 (202) 663-1087
Good Luck and God Bless.
saimrathi
07-10 02:42 PM
I wish there was a link to the coverage..
Looks like CNN - India covered the our flower campaign story on TV!
Just got an SMS from India!
Looks like CNN - India covered the our flower campaign story on TV!
Just got an SMS from India!
kg318
04-24 08:10 PM
[QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
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