Guestbook Entry for Ashwin Mathur, United States
Name
Ashwin Mathur
Country
United States
State
VA
AC21 AOS Portability
AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.
Guestbook Entry for Vipul Gajera, United States
Name
Vipul Gajera
Country
United States
State
New Jersey
Comment
I had recently requested a telephone conference with Mr. Rajiv Khanna regarding my pending 485 case. I am happy to report that I had a very pleasant experience and was very satisfied with the way they handled my request right from the secretary, Ms. Leslie, who took my questions and made the conference appt. to Mr. Khanna who answered my questions. He was punctual, professional and took his time to answer my questions. During the first telephone conference, he had a very busy morning and there were a number of callers waiting in line. After my call, I realized I had a couple more questions, and Mr Khanna asked me to make another appt. which was promptly given to me for the next day. I am also very thankful to Mr. Khanna for not charging me any initial consultation fees based on my current situation. I have no hesitation in recommending Mr. Rajiv Khanna and his office for your legal/immigration needs.
AOS applicants applying for H-1 visa
Question details
My spouse and me are currently working on H1 and we do have our EAD and AP even though we are not using it.
We are planning on a trip to India in the month of December. Both of our H1 visa's on passport have expired. We plan on using AP when coming back to US to avoid the hassle of getting our passports stamped.
We plan on remaining on H1 even though we use AP to get back. We do plan on renewing our AP and EAD when they expire. What I want to know is... is there any advantage of having visa stamped in your passport as to using AP if you plan on remaining on H1? One that I know is cities like London require you to get a transit visa if your visa has expired when traveling to India.
We would highly recommend not applying for an H visa if it can be avoided. In the past few weeks, I have provided consultations to various employers on H-1 visa refusals. The refusals were ridiculous, illegal and would be overturned if there were an adequate mechanism for reversal. So, I see no point in applying for an H-1 visa. Even if you enter on AP and continue working for the original H-1 employer, you ARE considered to still be on H-1. All other matters are more or less ancillary.
Guestbook Entry for Jigar Chudgar, United States
Name
Jigar Chudgar
Country
United States
State
California
Comment
Law offices of Rajiv S. Khanna has provided great service in getting my employment based I- 1485 approved. I contacted Rajiv's office little more than a year ago for phone consulation in changing employer using AC-21. Upon his advice, i continued my AC21 process. Rajiv's advice is always very neutral, practicle and straigh forward. Later on, my case was sent to local office for interview. He helped me prepare documents and answers for the interview process. He even offered his personal cell phone number in case I need to contact him during the interview. My case was approved in almost a month after the interview. My main contact in Rajiv's office was Mark Riddick. He was extermely patient, supportive and very quick in responding my numerous questions. He helped me prepare every single detail for the interview. Without that type of help and support, the interview experience would have been very difficult. Matthew, Heather, Lesli, Art also helped me a lot. Overall, I had a very professional and satisfactory experience working with Rajiv Khanna and his team. Thank you very much.
EAD-AC21-Self Porting
Question details
I have EAD/Pending AOS. I ported to employer B based on AC21 in 2008.
Now i am considering a great opportunity:
-Joining S corporation in Florida
_I will receive similar hourly rate as prior employer
-similar job
-i will receive 40% of profits on top of salary
-the new corporation will be my fututre full time job
Does the new corporation have to be huge with lot of finances for me to use the AC21?
I have valid EAD can I join as a partner in the S corporation in Florida?
Any thoughts things i,ve to carefull with?
Very little is clear about self-porting. Read the Yates Memo of May 2005. It seems you should be fine as long as the jobs are same or similar, but like I said, not much is known about this issue.
Guestbook Entry for Chanchal Kokkuvayil, United States
Name
Chanchal Kokkuvayil
Country
United States
State
PA
Comment
I want to thank Mr.Khanna for answering all my questions to my satisfaction. Appreciate the fact that he read through the questions and understood the situation before hand so that during the call he was able to explain the options available to me and the impact of each one of them. Without hesitation, I will be hiring Mr.Khanna and his firm for all my immigration needs. Thanks, Chanchal
AC21 and losing job
Question details
I am EB2 priority date Sep2005. I had lost my job in Apr 09. I started working on Dec09 with another company similar job description, in same geographic location and with 15% higher salary than labor approved. I was out of job for almost 8 months.My old employer has assured not to evoke approved I140 (more than 3 years since I 140 is approved)
I have few questions:
1.Shall I file for AC21?
2.is it advisable to send copy of current paystunb with AC21, If yes how many months?
2.Is it okay to file AC21without paystub for around 8 months?
2.If I dont file for AC21, will there be an issue travelling on AP at POE?
AC21 should be filed. The fact that you were out of job for 8 months is irrelevant. As long as the jobs are same or similar, you should have no issues.
J1 overstayed by years, married to a greencard holder
Question details
I came to US in 2004, overstayed my J1 visa by 3 years and got married to a greencard holder in 2007. My I-130 was approved in 2008 . Is it possible to adjust status when my visa number becomes available. I have read on different sites that I'm not eligible since I have not maintained lawful status during my stay. Are there any loops?
Unless your spouse becomes a US citizen, nothing can be done as far as I can see. If you had a 2 years HRR, you have bigger problems.
Questions on AC21, EAD, losing job, etc.
Question details
1. On 5th year of H1. Single employer till date from day one of H1. Same employer has sponsored GC applications, I-140 approved, I-485 filed in Aug-07, EAD and AP approved and successfully renewed. What is the real value of CIS issuing EADs to people like me? Does this allow me in addition to the current job I have, take up ‘any’ other job using EAD? Does having an EAD permit me to work multiple jobs?
2. Does having an EAD permit me to work multiple jobs?
3. If due to economic situation my employer (who has sponsored GC) has to lay off people and I am let go am I out of status? Reading through your blogs I understand that since I-485 is pending, one is NOT out of status even if NOT working – is this correct?
4. How long can one stay without working (no job) while I-485 is pending? Will not working be seen as ‘abandoning the GC application’?
5. Do we have to let CIS know that one has been laid off? If we have to do this wouldn’t CIS see that the job for which GC is being processed is no longer available and immediately terminate the I-485 application?
6. Do I lose EAD and AP?
7. My wife is working using her EAD…will she lose her EAD?
8. Is it possible to invoke EAD and take up similar job if one can be found? Is there a time period within which this has to be done?
9. Is it possible to invoke EAD and take up ‘any’ job if a ‘similar’ job is unavailable? If this route is chosen I understand that Labor Certification & I-140 may have to be re-applied, but would the priority date remain where it was originally (as obtained in original GC application) OR would priority date change to the date when new I-140 is filed?
1A. Yes.
2A. Yes, but you will then lose H-1 status (which can be revived by reentering USA using an H-1 visa during the life of your H-1 and taking up single-employer job with the H-1 sponsoring employer – not a difficult task, usually).
3A. Correct. You are in authorized period of stay. That has been explained in my blog.
4A. You can stay as long as CIS does not send an RFE or a Notice of Intent to Deny requiring you to prove similar, alternate employment (AC21 portability – also explained in detail on my blog).
I-485 pending and after 6 months laid off
Question details
I-485 pending and after 6 months (so AC21 portable). Laid off. H1-B revoked but I-140 not revoked. Since it was very hard to find a job in US, I found a job outside the US temporarily in Sept 2009 and stayed there till now. Can I still enter US on AP?
The way I see it, until and unless your AP or 485 is revoked, it is legal to use both.
Excellent customer service! Very thorough and prompt.