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USDream2Dust
12-12-2008, 01:54 PM
Hi Folks,

I am July/August 2007 485 filer with EB2 India PD of 09/2006.

I got my EAD/Ap last year and have already used AP to enter country. Currently I am on H1b with same employer who filed for my GC.

Chances are that they are not going to survive this economy. My EAD is expired and I am going to start the renewal process ASAP.

Questions.

I have read a lot about AC21 in this forums and I am going to use that. But my real question is what will happen to my GC if my company dissolves?

No they are not going to inform INS or revoke any thing.

My 140 is approved.

Please let me know what to do.

Thanks,

jayleno
12-12-2008, 02:00 PM
I think you are in an ideal situation to use AC 21. Most of the problems with AC 21 were becuase of the previous employer requesting USCIS to revoke the already approved I-140. As long as you can get a new job soon enough I dont think you need worry much about your GC.

"Please let me know what to do. "
Job and a new attorney search.

Hi Folks,

I am July/August 2007 485 filer with EB2 India PD of 09/2006.

I got my EAD/Ap last year and have already used AP to enter country. Currently I am on H1b with same employer who filed for my GC.

Chances are that they are not going to survive this economy. My EAD is expired and I am going to start the renewal process ASAP.

Questions.

I have read a lot about AC21 in this forums and I am going to use that. But my real question is what will happen to my GC if my company dissolves?

No they are not going to inform INS or revoke any thing.

My 140 is approved.

Please let me know what to do.

Thanks,

USDream2Dust
12-12-2008, 02:05 PM
Like I said. My EAD expired and I just started process of renewing it and it may take about 3 months to get it from experience reading here.

So I would be out of job for 1-2 months and then if lucky on EAD.

Also my company lawyer happens to be my friend and he would help me carry on my process.

But seriously if the company who filed for my GC doesn't exist when it is going to be approved (I assume in another 1-5 years with my PD in 06). Won't that matter?

Won't I be deported for using EAD? I have solid 485 application and chances of it being denied otherwise are slim. But the fact that corporation who filed doesnt exist now is big in my view.

Hopefully I am wrong.:mad:

FinalGC
12-12-2008, 02:13 PM
Ask if the company will exist on paper, rather than shutting down( i hope it is a IT consulting firm...then they can do what I propose).....negotiate a % deal (75-25 or 80-20 is ideal) with them and then he does not need to shut the company or pay you when u have no project.....advantage of this approach is:

1) Your h1 can stay.....say that u will pay for all GC and h1 expense....all risk is on you and no risk on employer....
2) You do not need to depend on EAD
3) Your GC will keep going without any problems...once you get GC...you can move on...

USDream2Dust
12-12-2008, 02:16 PM
Ask if the company will exist on paper, rather than shutting down( i hope it is a IT consulting firm...then they can do what I propose).....negotiate a % deal (75-25 or 80-20 is ideal) with them and then he does not need to shut the company or pay you when u have no project.....advantage of this approach is:

1) Your h1 can stay.....say that u will pay for all GC and h1 expense....all risk is on you and no risk on employer....
2) You do not need to depend on EAD
3) Your GC will keep going without any problems...once you get GC...you can move on...

Sorry but I fail to understand your proposition. I am a directly hired with this firm and they don't do consultation.

rajenk
12-12-2008, 02:32 PM
USDream2Dust,

You should get a job ASAP and transfer your H1B to the new employer. If they are not willing to do that, I would negotiate in taking a cut on the offer in order for them to sponsor you H1B. That is the safest approach you can take given such a high risk of your current company closing once and for ever.

DON'T WAIT ON EAD RENEWAL THAT COULD SOME TIME TAKE MORE THAN 90 DAYS....

Good luck. Cheer up and you can do it. If you are in IT field there are still a lot of opportunities. PM me if you want to discuss more.

Raj

sledge_hammer
12-12-2008, 02:38 PM
There's an IT position open in our company, PM me if you're looking for a job.

No, I am not with a consulting company!

Hi Folks,

I am July/August 2007 485 filer with EB2 India PD of 09/2006.

I got my EAD/Ap last year and have already used AP to enter country. Currently I am on H1b with same employer who filed for my GC.

Chances are that they are not going to survive this economy. My EAD is expired and I am going to start the renewal process ASAP.

Questions.

I have read a lot about AC21 in this forums and I am going to use that. But my real question is what will happen to my GC if my company dissolves?

No they are not going to inform INS or revoke any thing.

My 140 is approved.

Please let me know what to do.

Thanks,

USDream2Dust
12-12-2008, 02:43 PM
There's an IT position open in our company, PM me if you're looking for a job.

No, I am not with a consulting company!

Thanks guys for your great support.

Sledge_hammer just PMed you.

tabletpc
12-12-2008, 04:02 PM
I got my EAD/Ap last year and have already used AP to enter country. Currently I am on H1b


You are not on H1b. Using AP will invalidate H1b status. Did you contact attorney before using the AP while being on h1b..??? You now have no choice than to use EAD , ie AC21.

USDream2Dust
12-12-2008, 04:12 PM
I don't want to go in that discussion for now as I know you can use AP and still be on H1b. Read lot of places and talked to my attorney. Right now I won't even care of that.

But thanks for your help anyway.

desitechie
12-12-2008, 04:29 PM
You are not on H1b. Using AP will invalidate H1b status. Did you contact attorney before using the AP while being on h1b..??? You now have no choice than to use EAD , ie AC21.


Hi,

I spoke to 3 different big attorney firms. All 3 said that using AP DOES NOT invalidate H1.

One can come on AP and work on H1 if you continue to work for the same H1 sponsoring company.

Also you ned no do anyhting to extend the I94 when u come on AP.

I know couple of folks who have extended H1 after using AP (extended due to expiry of petition date).

Thanks

jayleno
12-12-2008, 04:45 PM
I do not think the existance of the company who filed your GC matters after you have used the AC 21 portability to a new company. Do you have any basis for your worries?

...............
But seriously if the company who filed for my GC doesn't exist when it is going to be approved (I assume in another 1-5 years with my PD in 06). Won't that matter?

Won't I be deported for using EAD? I have solid 485 application and chances of it being denied otherwise are slim. But the fact that corporation who filed doesnt exist now is big in my view.

Hopefully I am wrong.:mad:

USDream2Dust
12-12-2008, 04:56 PM
I do not think the existance of the company who filed your GC matters after you have used the AC 21 portability to a new company. Do you have any basis for your worries?
Nope. I donot completely understand AC21 and I have read on and on and lot of people and even USCIS is confused for it.

That is the only basis of worry. Like I said I got a solid 485 application and our 140 is also approved. If existence of company doesnt matter after AC21 I am going to jump on to it.

I am done with H1b stuff anyway and it would be lot easier in this economy to find a job with EAD rather than begging for H1b.

Thanks for your valuable inputs.

laksmi
12-12-2008, 07:44 PM
Such situations better to invoke AC21 to a know company your GC and still continue to work on H1B by transfer H1B to another company who ready to give you a job.

RDB
12-12-2008, 08:52 PM
Yes, people are confused on the AC 21 scenario - but from what I have read everywhere, if your I-140 is approved you don't really need the sponsoring company to be in existence.

And considering your PD, you are good for 4-5 years with the way things are going right now. Worry about it when your PD becomes current - don't think too much into it.

Use EAD and AC 21 to find a new job.


Nope. I donot completely understand AC21 and I have read on and on and lot of people and even USCIS is confused for it.

That is the only basis of worry. Like I said I got a solid 485 application and our 140 is also approved. If existence of company doesnt matter after AC21 I am going to jump on to it.

I am done with H1b stuff anyway and it would be lot easier in this economy to find a job with EAD rather than begging for H1b.

Thanks for your valuable inputs.

yagw
12-13-2008, 08:11 PM
Nope. I donot completely understand AC21 and I have read on and on and lot of people and even USCIS is confused for it.

That is the only basis of worry. Like I said I got a solid 485 application and our 140 is also approved. If existence of company doesnt matter after AC21 I am going to jump on to it.

I am done with H1b stuff anyway and it would be lot easier in this economy to find a job with EAD rather than begging for H1b.

Thanks for your valuable inputs.

The company is going to close down, nothing you can do now.
So lets see, what are the options you have:
1. AC21 and use the already filed I-1485
2. Start a new GC process.
(ignoring option 3, going back to India).

Considering the above 2, the better option is to use AC21. Since your I-140 is already approved and will not be revoked I bet you will not have any major problem, even during citizenship.

What you need to think now is, how to carry over the GC processing from this old company. For that, you need copy and if possible originals of all the documents, labor, I-140, I-485 anything (better to have them all - since company is co-operating). A letter saying that the company is closing down and laying off all the people. And you need a good attorney. Since your old company attorney is willing to work with you, you will have smooth transition. But I suggest getting a copy of all documents for your file too, just in case.

Regarding 1-2 months without job in EAD, I don't think it will be any problem unless you get an RFE for employment. But thats the risk you need to take anyway, irrespective of using EAD or transferring H1.

Chill down and Good luck.

DISCLAIMER: I am not an Attorney and this is not a legal advice

USDream2Dust
12-13-2008, 10:49 PM
Best Advice. I completely forgot to get all documents but it should be smooth as my lawyer would have it all and if not i can even get it from my company.

Thanks
USDream2dust
The company is going to close down, nothing you can do now.
So lets see, what are the options you have:
1. AC21 and use the already filed I-1485
2. Start a new GC process.
(ignoring option 3, going back to India).

Considering the above 2, the better option is to use AC21. Since your I-140 is already approved and will not be revoked I bet you will not have any major problem, even during citizenship.

What you need to think now is, how to carry over the GC processing from this old company. For that, you need copy and if possible originals of all the documents, labor, I-140, I-485 anything (better to have them all - since company is co-operating). A letter saying that the company is closing down and laying off all the people. And you need a good attorney. Since your old company attorney is willing to work with you, you will have smooth transition. But I suggest getting a copy of all documents for your file too, just in case.

Regarding 1-2 months without job in EAD, I don't think it will be any problem unless you get an RFE for employment. But thats the risk you need to take anyway, irrespective of using EAD or transferring H1.

Chill down and Good luck.

DISCLAIMER: I am not an Attorney and this is not a legal advice

yagw
12-14-2008, 02:18 PM
Best Advice. I completely forgot to get all documents but it should be smooth as my lawyer would have it all and if not i can even get it from my company.

Thanks
USDream2dust

You're most welcome :)

pappu
12-15-2008, 10:48 AM
http://immigrationvoice.org/forum/blog.php?b=11

USDream2Dust
12-15-2008, 11:26 AM
http://immigrationvoice.org/forum/blog.php?b=11
Pappu,

Thanks I read thru it but the blog misses my scenario when you have applied for 485 and you got EAD/AP. I am assuming AC21 would be best option.

chanduv23
12-15-2008, 11:42 AM
Pappu,

Thanks I read thru it but the blog misses my scenario when you have applied for 485 and you got EAD/AP. I am assuming AC21 would be best option.

Yes, Ac21 is the best option. Remember to update your address on USCIS file and also send AC21 documents and keep proof of it.

Issues arise when ex employer requests a revoke on your 140 - but that does not mean issues do not arise when revoke request does not happen.

There are cases when company closed down and USCIS came to know that company does not exist anymore and then acted on cases from that company.

Getting a RFE, NOID or a denial all rests on the officer who is dealing with your case - the best thing is to stay on top of things and work with a good attorney to sort out issues.