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

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > Work/Travel options after 485 : H1 Versus EAD/AP
Click to log in with Facebook
Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

Reply
 
Thread Tools Display Modes
  #1  
Old 12-12-2008, 01:54 PM
USDream2Dust USDream2Dust is offline
Senior Member
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 135
USDream2Dust will become famous soon enough
Angry Company Closing in about a month

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,
Bookmark and Share Compare Reply With Quote


  #2  
Old 12-12-2008, 02:00 PM
jayleno jayleno is offline
Senior Member
Priority Date
:
May-06
Category
:
EB2
I140 Mailed Date
:
06/09/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2007
Compare
Join Date: Jul 2007
Posts: 273
jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute
Default

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.

Quote:
Originally Posted by USDream2Dust View Post
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,
Bookmark and Share Compare Reply With Quote


  #3  
Old 12-12-2008, 02:05 PM
USDream2Dust USDream2Dust is offline
Senior Member
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 135
USDream2Dust will become famous soon enough
Default Thanks

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.
Bookmark and Share Compare Reply With Quote


  #4  
Old 12-12-2008, 02:13 PM
FinalGC FinalGC is offline
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
04/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Feb 2006
Posts: 267
FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of
Cool

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...
__________________
PD- EB2/India - 12/21/2005, NSC
485 applied 08/02/2007,
FP - 10/07, 140 approved.
Did not apply for EAD and AP
GREENED Aug 12, 2010

************************************************** ******************************
If my post has been helpful, please consider contributing to immigrationvoice. It will help us continue this effort and serve the community. Thank you.
Bookmark and Share Compare Reply With Quote


  #5  
Old 12-12-2008, 02:16 PM
USDream2Dust USDream2Dust is offline
Senior Member
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 135
USDream2Dust will become famous soon enough
Default Can't get it

Quote:
Originally Posted by FinalGC View Post
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.
Bookmark and Share Compare Reply With Quote


  #6  
Old 12-12-2008, 02:32 PM
rajenk rajenk is offline
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 127
Blog Entries: 1
rajenk has much to be proud of rajenk has much to be proud of rajenk has much to be proud of rajenk has much to be proud of rajenk has much to be proud of rajenk has much to be proud of rajenk has much to be proud of rajenk has much to be proud of rajenk has much to be proud of
Default

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
Bookmark and Share Compare Reply With Quote


  #7  
Old 12-12-2008, 02:38 PM
sledge_hammer sledge_hammer is offline
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jan 2007
Posts: 929
sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts
Default

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!

Quote:
Originally Posted by USDream2Dust View Post
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,
Bookmark and Share Compare Reply With Quote


  #8  
Old 12-12-2008, 02:43 PM
USDream2Dust USDream2Dust is offline
Senior Member
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 135
USDream2Dust will become famous soon enough
Default

Quote:
Originally Posted by sledge_hammer View Post
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.
Bookmark and Share Compare Reply With Quote


  #9  
Old 12-12-2008, 04:02 PM
tabletpc tabletpc is offline
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
01/15/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/15/2007
Compare
Join Date: Jul 2007
Posts: 388
tabletpc has a reputation beyond repute tabletpc has a reputation beyond repute tabletpc has a reputation beyond repute tabletpc has a reputation beyond repute tabletpc has a reputation beyond repute tabletpc has a reputation beyond repute tabletpc has a reputation beyond repute tabletpc has a reputation beyond repute tabletpc has a reputation beyond repute tabletpc has a reputation beyond repute tabletpc has a reputation beyond repute
Default

Quote:
Originally Posted by USDream2Dust View Post
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.
__________________
PD: Dec 2006
Type: EB2
GC approved : July 12th, 2011

We have two futures; future of desire and future of faith. Man has not learnt to reconcile both.
Bookmark and Share Compare Reply With Quote


  #10  
Old 12-12-2008, 04:12 PM
USDream2Dust USDream2Dust is offline
Senior Member
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 135
USDream2Dust will become famous soon enough
Default Thanks Tabletpc

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.
Bookmark and Share Compare Reply With Quote


  #11  
Old 12-12-2008, 04:29 PM
desitechie desitechie is offline
Senior Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
02/10/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/29/2007
Compare
Join Date: Oct 2008
Posts: 130
desitechie is a name known to all desitechie is a name known to all desitechie is a name known to all desitechie is a name known to all desitechie is a name known to all desitechie is a name known to all
Default

Quote:
Originally Posted by tabletpc View Post
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
Bookmark and Share Compare Reply With Quote


  #12  
Old 12-12-2008, 04:45 PM
jayleno jayleno is offline
Senior Member
Priority Date
:
May-06
Category
:
EB2
I140 Mailed Date
:
06/09/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2007
Compare
Join Date: Jul 2007
Posts: 273
jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute jayleno has a reputation beyond repute
Default

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?

Quote:
Originally Posted by USDream2Dust View Post
...............
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.
Bookmark and Share Compare Reply With Quote


  #13  
Old 12-12-2008, 04:56 PM
USDream2Dust USDream2Dust is offline
Senior Member
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 135
USDream2Dust will become famous soon enough
Default Nope.

Quote:
Originally Posted by jayleno View Post
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.
Bookmark and Share Compare Reply With Quote


  #14  
Old 12-12-2008, 07:44 PM
laksmi laksmi is offline
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Nov 2007
Posts: 103
laksmi is on a distinguished road
Default

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.
Bookmark and Share Compare Reply With Quote


  #15  
Old 12-12-2008, 08:52 PM
RDB RDB is offline
Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
01/30/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/19/2007
Compare
Join Date: Apr 2008
Posts: 90
RDB is a name known to all RDB is a name known to all RDB is a name known to all RDB is a name known to all RDB is a name known to all RDB is a name known to all
Default

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.


Quote:
Originally Posted by USDream2Dust View Post
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.
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
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Left company after I140 Approved, filed I485 while working for new company iv4gc All other Green Card Issues 6 08-13-2010 06:47 PM
I140 Approved-I485 Pending-Closing Company kim123456 AC21 Portability after 180 days of 485 filing 3 12-30-2008 03:19 PM
Got GC last month. can I join new company tinku01 AC21 Portability after 180 days of 485 filing 9 09-22-2008 10:58 AM
Sponsoring company closing down and opening new company BayBoy AC21 Portability after 180 days of 485 filing 2 01-17-2008 08:08 PM
Company merger, amended I-140 returned (USCIS demands ETA-750 for new company) amo76 All other Green Card Issues 1 05-17-2007 02:47 PM



All times are GMT -4. The time now is 10:08 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.3.0 (Unregistered)
(c)ImmigrationVoice.org