AC21-Job Change while PD is current

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.

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Originally Posted by RogerFederer

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.

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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.

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.

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Originally Posted by RogerFederer

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.

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

Viz/Q
Thank you for the response.

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

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.

#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.

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Originally Posted by incredible

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.

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Originally Posted by qesehmk

#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.

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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.

Thanks Spec. Indeed that's what I meant.

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Originally Posted by Spectator

I think (a) should read
#a - As long as you have any unexpired US visa - don't need a transit visa.

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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) ?

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Originally Posted by Spectator

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.

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Originally Posted by incredible

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) ?

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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.

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Originally Posted by incredible

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) ?

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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.

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.

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Originally Posted by Spectator

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.

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Quote:

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Originally Posted by incredible

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.

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Ganapatibappa moraya! Enjoy your trip!

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 :).

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 ?

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Originally Posted by RogerFederer

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 :).

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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.

Thanks Spec for speedy reply. Much appreciated.

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Originally Posted by Spectator

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.

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

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Originally Posted by Vkkpnm

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

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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/vi...tthroughtheuk/
http://www.ukba.homeoffice.gov.uk/vi...ansit-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.

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.

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Originally Posted by Vkkpnm

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

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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).

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Originally Posted by GhostWriter

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.

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

Thanks everyone for responding to my queries so quickly.