AC21-Job Change while PD is current [Archive]

RogerFederer

08-17-2013, 08:41 AM

vizcard

08-17-2013, 09:22 AM

Hi Q/Spec/Matt/Viz,
I was a silent reader for so long, I think your advise in general is far better than some of the attorneys out there.. I need your advise. I have my PD current this bulletin PD - EB2 Apr 08. Now I have an FT offer from a Fortune 500 company ( which is really I didnt want to lose, cuz I lost a lot already), who asked me to join next week with EAD. Could you please advise on below
1. Stay put, get gc and continue with old employer.
2. Move to F500, file AC21 or dont file.
3. Transfer H1 and then join. meanwhile 485 can be approved. ( Im maintaining H1 as well, EVC)

Guess you guys know my pain, 13 years of GC wait. Dont know how much I will appreciate your feedback. If at all I bet on some one, it will be you guys. Please advise.

Thank you.

My opinion - Take the new job but see if you can push it out to Sept 1 saying you have to give a 2 week notice or something. If you can't, its not a big deal.

Don't file AC21. It is highly unlikely that you will get RFE at this point. If you do, then its a border line case if you'll get your GC this year regardless of which company you work for (due to the time they seem to be taking to process those).

One thing though, just confirm with your new employer that they will provide an EVL in case there is a RFE. You absolutely need to cover yourself in that regard.

qesehmk

08-17-2013, 09:45 AM

With your EAD you don't have restrictions. You can join them without resigning first job. Have you considered that? If I were you - I would ask the second company if there is any way they would allow you to work from home.

Many people in US already do two jobs. Nothing new in that. As long as you deliver goods to both employers on time, I think it is completely ethical as well.
p.s. - Be completely honest about your green card and 13 year wait and all that. They will understand.

Hi Q/Spec/Matt/Viz,
I was a silent reader for so long, I think your advise in general is far better than some of the attorneys out there.. I need your advise. I have my PD current this bulletin PD - EB2 Apr 08. Now I have an FT offer from a Fortune 500 company ( which is really I didnt want to lose, cuz I lost a lot already), who asked me to join next week with EAD. Could you please advise on below
1. Stay put, get gc and continue with old employer.
2. Move to F500, file AC21 or dont file.
3. Transfer H1 and then join. meanwhile 485 can be approved. ( Im maintaining H1 as well, EVC)

Guess you guys know my pain, 13 years of GC wait. Dont know how much I will appreciate your feedback. If at all I bet on some one, it will be you guys. Please advise.

Thank you.

RogerFederer

08-17-2013, 02:09 PM

I have posted this question in prediction/calculations forum, but thought its not fair to use that topic for my agenda.

RogerFederer

08-18-2013, 08:28 AM

Viz/Q
Thank you for the response.

RogerFederer

08-21-2013, 12:41 AM

I have edited this post, since whatever I posted has no reference any where.. ppl just speculating a lot on the subject.. as per new rules Q published and I agree with those, to not to misguide ppl in any way

incredible

08-21-2013, 09:12 AM

Hi all
A Quick question on AC-21/EAD. I am on EAD/AP for the last one year. I have recently changed the jobs and moved to a different company. I also hired an attorney and submitted AC-21 letter to USCIS. I will have to travel to India in the month of September for a week (on business). I have couple of questions on that
a. Can I travel through any country (in Europe) when I am on only EAD/AP ? Do i need any transit visa's ?
b. I have the new employment offer letter as well as AC-21 letter that they provided (along with the regular paper work like EAD/AP combo card, 797, paystubs, W2 etc). anything else required when I am entering back into the US?

Thanks for your help.

qesehmk

08-21-2013, 09:49 AM

#a - As long as you have any US visa - don't need a transit visa (except in UK) as far as remember. But if you don't have a US visa then you do need a transit visa. Or avoid Europe.
#b - All you need is AP document. Nothing else is required.

Hi all
A Quick question on AC-21/EAD. I am on EAD/AP for the last one year. I have recently changed the jobs and moved to a different company. I also hired an attorney and submitted AC-21 letter to USCIS. I will have to travel to India in the month of September for a week (on business). I have couple of questions on that
a. Can I travel through any country (in Europe) when I am on only EAD/AP ? Do i need any transit visa's ?
b. I have the new employment offer letter as well as AC-21 letter that they provided (along with the regular paper work like EAD/AP combo card, 797, paystubs, W2 etc). anything else required when I am entering back into the US?

Thanks for your help.

Spectator

08-21-2013, 10:04 AM

#a - As long as you have any US visa - don't need a transit visa (except in UK) as far as remember. But if you don't have a US visa then you do need a transit visa. Or avoid Europe.
#b - All you need is AP document. Nothing else is required.
I think (a) should read

#a - As long as you have any unexpired US visa - don't need a transit visa.

since that is also true for the UK.

The UK do not recognize AP as a valid document where the visa has expired.

Technically, it seems Germany do not either, from responses I have seen from their Embassy, but this does not seem to be enforced.

Either way, if you are only relying on the AP and do not wish to get a Transit Visa, transiting through the UK, in particular, should be avoided.

I have no idea why the UK takes this stance for airside transit - it is a very odd position to take when the AP guarantees inspection and entry upon return to the USA.

qesehmk

08-21-2013, 11:46 AM

Thanks Spec. Indeed that's what I meant.
I think (a) should read
#a - As long as you have any unexpired US visa - don't need a transit visa.

incredible

08-21-2013, 12:01 PM

Thanks Q and Spec for your quick replies. I do have my previous companies H1 already stamped (and valid till 2015). But this was not extended when I joined my new company since they do not want to bear those costs and continue only with EAD/AP. That being said, I have verified on USCIS online status and my previous company has since not withdrew my earlier H1 still.
My I9 when I joined new company is based on EAD only and not on H1.
With the above scenarios, should I still avoid Europe (especially UK and Germany) ?

I think (a) should read

#a - As long as you have any unexpired US visa - don't need a transit visa.

since that is also true for the UK.

The UK do not recognize AP as a valid document where the visa has expired.

Technically, it seems Germany do not either, from responses I have seen from their Embassy, but this does not seem to be enforced.

Either way, if you are only relying on the AP and do not wish to get a Transit Visa, transiting through the UK, in particular, should be avoided.

I have no idea why the UK takes this stance for airside transit - it is a very odd position to take when the AP guarantees inspection and entry upon return to the USA.

qesehmk

08-21-2013, 12:12 PM

Thanks Q and Spec for your quick replies. I do have my previous companies H1 already stamped (and valid till 2015). But this was not extended when I joined my new company since they do not want to bear those costs and continue only with EAD/AP. That being said, I have verified on USCIS online status and my previous company has since not withdrew my earlier H1 still.
My I9 when I joined new company is based on EAD only and not on H1.
With the above scenarios, should I still avoid Europe (especially UK and Germany) ?

The visa in your passport is visa. Whereas the 797 is the work authorization. So what gets cancelled is 797 - if at all your ex-company cancels it.
The H1 in your passport is technically still a valid visa only that when you try to use it to reenter - there is a decent chance the american IO will cancel the visa.

However there is little chance that folks in UK and germany can figure out if that visa is technically expired or not. And so IMHO with 99.99% certainty you can still use that visa to transit through UK and Europe. But you won't be able to use the visa to enter US.

Spectator

08-21-2013, 12:17 PM

Thanks Q and Spec for your quick replies. I do have my previous companies H1 already stamped (and valid till 2015). But this was not extended when I joined my new company since they do not want to bear those costs and continue only with EAD/AP. That being said, I have verified on USCIS online status and my previous company has since not withdrew my earlier H1 still.
My I9 when I joined new company is based on EAD only and not on H1.
With the above scenarios, should I still avoid Europe (especially UK and Germany) ?incredible,

Personally, I don't think the UK are concerned about the complexities of the H1B and whether you are using EAD or not.

All the UK authorities want to see is that you have an unexpired H1B visa in your passport.

The fact you won't actually use it when you arrive in the USA and present yourself for inspection is not relevant to complying with the UK requirements as to whether you need a transit visa or not.

Clearly everybody traveling with you would also individually have to meet the requirements.

I've used the UK as the example, but it would also apply to any other Country with similar requirements.

As I said, that is my personal opinion and I have not carried out any further research.

incredible

08-21-2013, 12:23 PM

Thanks Spec and Q again. It made a lot of sense that UK is not going to care about whether the 797 is cancelled or not. When I land in the US i am only going to utilize my EAD/AP card along with its 797.
I will try to avoid travelling through UK in any case. But if company insists on Europe(for cost reasons), I will travel through cities like Frankfurt. It is a business visit to India so I am travelling alone.

incredible,

Personally, I don't think the UK are concerned about the complexities of the H1B and whether you are using EAD or not.

All the UK authorities want to see is that you have an unexpired H1B visa in your passport.

The fact you won't actually use it when you arrive in the USA and present yourself for inspection is not relevant to complying with the UK requirements as to whether you need a transit visa or not.

Clearly everybody traveling with you would also individually have to meet the requirements.

I've used the UK as the example, but it would also apply to any other Country with similar requirements.

As I said, that is my personal opinion and I have not carried out any further research.

qesehmk

08-21-2013, 12:29 PM

RogerFederer

08-22-2013, 07:43 AM

Incredible,

Just FYI - Not all airports are 24/7 in Germany, such as Hamburg I guess.. though when you call German embassy they say AP is valid document for transit visa substitute, thier website isnt. So they say, if they need to stay overnight you would need transit visa, and if your bad luck hits and you could end up staying overnight due to flight delays/cancellations. So I would avoid those non 24/7 airport transits in Germany as well.

Your H1B techinically expired/unused. You will be creating your own complications if you decide to use it at port of entry. Please refrain from doing such silly things. You have valid EAD/AP and not at all in any bad condition to do so :).

incredible

08-23-2013, 09:42 AM

Thanks for comments. I did not plan on using the H1B at port of entry at all. Once I land in the Us it is going to be on EAD/AP that I have. Only in Europe to board the flight. If I should not use H1B in Europe, should i get a transit visa ?

Incredible,

Just FYI - Not all airports are 24/7 in Germany, such as Hamburg I guess.. though when you call German embassy they say AP is valid document for transit visa substitute, thier website isnt. So they say, if they need to stay overnight you would need transit visa, and if your bad luck hits and you could end up staying overnight due to flight delays/cancellations. So I would avoid those non 24/7 airport transits in Germany as well.

Your H1B techinically expired/unused. You will be creating your own complications if you decide to use it at port of entry. Please refrain from doing such silly things. You have valid EAD/AP and not at all in any bad condition to do so :).

Spectator

08-23-2013, 09:53 AM

Since you have an unexpired US visa in your passport, you don't need a Transit Visa.

It doesn't matter whether you plan to use it upon return to the USA.

incredible

08-23-2013, 10:03 AM

Thanks Spec for speedy reply. Much appreciated.

Since you have an unexpired US visa in your passport, you don't need a Transit Visa.

It doesn't matter whether you plan to use it upon return to the USA.

Vkkpnm

08-24-2013, 03:47 PM

Do we need transit visa for both side travel USA-London-India and India-London-USA? I have expired VISA with EAD/AP.

Spectator

08-24-2013, 04:05 PM

Do we need transit visa for both side travel USA-London-India and India-London-USA? I have expired VISA with EAD/AP.Vkk,

I have no experience of using a DATV (Direct Airside Transit Visa) for the UK.

I would imagine the DATV has a validity period and would be valid for both legs.

I suggest you start at the UK Border Agency website.

I had a quick look - the following pages might be helpful.

http://www.ukba.homeoffice.gov.uk/
http://www.ukba.homeoffice.gov.uk/visas-immigration/transitthroughtheuk/
http://www.ukba.homeoffice.gov.uk/visas-immigration/transitthroughtheuk/visa-transit-airside/

I think most Indian nationals who would need a DATV avoid transiting through the UK because it is expensive and burdensome (biometrics are required) to obtain one.

If the person has a valid US visa of any sort (which most do), then a DATV is not required and it is like transiting anywhere else. It really only affects those people who only have an AP, like yourself.

Good luck.

GhostWriter

08-24-2013, 05:10 PM

Vkkpnm, yes you will need a transit visa for both the sides of travel. You will have to get it before leaving US. The requirements stay the same irrespective of the direction of the journey (which does not make a lot of sense but that is the way it is). Even with Indian passport and going from US to India via UK, you need a UK transit visa (or a valid stamped US visa). The airline will not let you board from US if you don't have one of these two.

Do we need transit visa for both side travel USA-London-India and India-London-USA? I have expired VISA with EAD/AP.

incredible

08-27-2013, 09:11 AM

All
Just wanted to update on this. My company decided it is not worth risking anything through Europe and they booked my travel through Qatar (through Doha).
Their reasoning is that I work on EAD/AP and there is no point to go through any hassle in Europe although I have an existing and stamped H1B valid till 2015 (from my previous company).

Vkkpnm, yes you will need a transit visa for both the sides of travel. You will have to get it before leaving US. The requirements stay the same irrespective of the direction of the journey (which does not make a lot of sense but that is the way it is). Even with Indian passport and going from US to India via UK, you need a UK transit visa (or a valid stamped US visa). The airline will not let you board from US if you don't have one of these two.

Vkkpnm

08-27-2013, 09:52 AM

Good decision. I also changed my mind going through Europe. Why to have unnecessary hassle

Vkkpnm

08-27-2013, 09:53 AM

Thanks everyone for responding to my queries so quickly.

incredible

09-04-2013, 08:31 PM

Hi Gurus
An urgent clarification required. I have moved from my previous company and joined the current company about 2 months back on EAD/AC-21. I have an approved EAD/AP. Also I have moved from one location to other location within the US. My attorney have actually filed address change for all the pending as well as approved applications like EAD (approved), AP (approved), I485 (pending). Now all of them show in Initial Review status with the message saying that 08/30 the address was changed for those applications. Now my biggest worry is, I am traveling to India for business purposes on 09/06 and coming back on 09/16.
Will I be able to re-enter into the US without any issue on my AP/EAD combo card. What is the impact of that status in Initial Review now on my impending travel ? Request urgent responses as I have to travel in a couple of days to India

incredible

09-05-2013, 03:38 AM

Hi Gurus
Apologies to interject into this thread, please move it accordingly.
An urgent clarification required. I have moved from my previous company and joined the current company about 2 months back on EAD/AC-21. I have an approved EAD/AP. Also I have moved from one location to other location within the US. My attorney have actually filed address change for all the pending as well as approved applications like EAD (approved), AP (approved), I485 (pending). Now all of them show in Initial Review status with the message saying that 08/30 the address was changed for those applications. Now my biggest worry is, I am traveling to India for business purposes on 09/06 and coming back on 09/16.
Will I be able to re-enter into the US without any issue on my AP/EAD combo card. What is the impact of that status in Initial Review now on my impending travel ? Request urgent responses as I have to travel in a couple of days to India

RogerFederer

09-05-2013, 07:05 AM

Postive non zero.

RogerFederer

09-05-2013, 07:10 AM

You are ok in my opinion. Call uscis to see if the status changed/ not approved. I don't think they change the already approved ead. Consult ur immigration dept as wll.

Understand ur worry. In this case I woukdnt worry much. U will start that a lot when pd gets current, others getting gc but not u :-) . Until then chill out like pedro budda, or curious indiani.

RogerFederer

09-05-2013, 07:15 AM

Generally no need to change any approved documents. My 2 cents..pls note I was proved wrong on daily basis :-) in many things...

incredible

09-05-2013, 07:17 AM

Thanks RogerFederer for a quick reply. I almost freaked out last night seeing the status changed to "Initial Review" and also saying the address is updated. Trying to call USCIS today. Waiting to consult my attorney as well. Another interesting thing happened is around my I-140 as well. It was approved way back in September 2010. That says a message like this " on August 30th 2013 your name is updated related to your immigrant petition". I am sure neither my lawyer nor I would have updated the Name. Is it also related to address change that attorney attempted ?

You are ok in my opinion. Call uscis to see if the status changed/ not approved. I don't think they change the already approved ead. Consult ur immigration dept as wll.

Understand ur worry. In this case I woukdnt worry much. U will start that a lot when pd gets current, others getting gc but not u :-) . Until then chill out like pedro budda, or curious indiani.

incredible

09-05-2013, 07:25 AM

That is what my thinking has been, but on careful reading of USCIS website for address change, it does say to change pending and recently approved cases.

Step1: File Form AR-11 (online OR by mail),
AND

Step 2: Change your address on any pending or recently approved applications or petitions (online OR by phone at 1-800-375-5283)

Generally no need to change any approved documents. My 2 cents..pls note I was proved wrong on daily basis :-) in many things...

qesehmk

09-05-2013, 07:44 AM

incredible - the word "recently" is used most likely for situations where there is some post decision actiity like card production. For cases where the applicant received physical approval or card etc... it doesn't make sense to change address. So my opinion is that your AP/EAD addresss change was unnecessary step. Clearly lawyer got paid and is happy for it. USCIS will review it and will pass it. It unnecessarily caused you some anxiety though.

That is what my thinking has been, but on careful reading of USCIS website for address change, it does say to change pending and recently approved cases.

Step1: File Form AR-11 (online OR by mail),
AND

Step 2: Change your address on any pending or recently approved applications or petitions (online OR by phone at 1-800-375-5283)

incredible

09-05-2013, 07:48 AM

Thanks Q. Attorney probably just followed what ever said by letter. What is your opinion on I-140 status change on the same date (08/30) as it says the Name has been updated.

incredible - the word "recently" is used most likely for situations where there is some post decision actiity like card production. For cases where the applicant received physical approval or card etc... it doesn't make sense to change address. So my opinion is that your AP/EAD addresss change was unnecessary step. Clearly lawyer got paid and is happy for it. USCIS will review it and will pass it. It unnecessarily caused you some anxiety though.

qesehmk

09-05-2013, 08:06 AM

Thanks Q. Attorney probably just followed what ever said by letter. What is your opinion on I-140 status change on the same date (08/30) as it says the Name has been updated.
It is strange that 140 is updated even when no address change was filed for it. Wonder if your lawyer also sent AC21 request to USCIS. That could prompt such a thing. I know it is disconcerting but as long as your new employer is a solid one - I wouldn't see why it should cause any problems.

Good luck.

incredible

09-05-2013, 08:29 AM

Thanks Q. You are right. The lawyer did send the AC-21 letter. But my previous employer would not revoke the I-140 generally. I remember you discussion about not intending to send AC-21 earlier, but the attorney suggested to send it and we got a letter from my new employer. I just spoke with Level-2 representative as well after waiting for more than half an hour on the phone. They also informed that both 765 and 131 (EAD/AP) status is closed and the only change is the address change. Regarding I-140 he would not speak with me since it is filed by my company and not myself directly.

Should I be worried about I-140 or it is just a process triggered by AC-21.

It is strange that 140 is updated even when no address change was filed for it. Wonder if your lawyer also sent AC21 request to USCIS. That could prompt such a thing. I know it is disconcerting but as long as your new employer is a solid one - I wouldn't see why it should cause any problems.

Good luck.

qesehmk

09-05-2013, 08:54 AM

Should I be worried about I-140 or it is just a process triggered by AC-21.
I would think it is a process triggered by AC-21 where probably they will check "same or similar" ness of the 140 with the new job.

incredible

09-05-2013, 09:25 AM

Thanks Q. Hopefully it would get resolved on its own. I will update when I get updates on that from USCIS later. Thanks Q, Rogerfederer for your quick help in calming my nerves before long trip.

I would think it is a process triggered by AC-21 where probably they will check "same or similar" ness of the 140 with the new job.

RogerFederer

09-07-2013, 09:41 AM

tenyearsgone

09-09-2013, 08:43 PM

Guess what - there is a glitch in system and 485 address change makes stat change on all related apps. Unbelievable. This is only in certain cases. Call l2 make sure every thing is right.

Now I believe that your attorney only changed 485 . But u r 1 of those lucky guys......

Life goes on.. eventually - all well that ends well.

Same thing happened with my AC-21. You say this is a glitch and needs a follow-up with L2? I thought since the I-140 number was mentioned in the AC-21 letter, the change was expected!