 Forum Index - Topic Index AC21 Portability
H1 Ext Denied, I-485 Pending 180 days+ and i-140 approved | Register To Post |
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| krishna12 | Posted on: 2009/9/6 7:12 |
Just popping in   Joined: 2009/9/5 From: Posts: 1 |
H1 Ext Denied, I-485 Pending 180 days+ and i-140 approved My H1 Extension denied.
Reasons given by USCIS 1. My company was not able to provide end-client letter 2. My company business location appears to be have small physical area in rooms where as the employee count appears to be high 245+ (Its a consulting company and employees work at different locations) 3. USCIS also says that my company is working as a "token employer" - contracting agent. 4. The portion of the petition requesting an extension of stay or change of status for the alien is now being denied as the non immigrant visa petition filed in the aliens behalf has been denied. What should i do to safeguard my immigration journey? Should i change employer using AC21 to save myself OR can i work for same employer using EAD? Please advise. Thanks.  |
| administrator | Posted on: 2009/9/14 13:50 |
Administrator  Joined: 2009/4/21 From: Posts: 45 |
Re: H1 Ext Denied, I-485 Pending 180 days+ and i-140 approved As far as I can see it continue employment with your existing company under EAD..that's the best course IF you are happy with your current job
Else you can change employer using AC21, with all the caveats discussed earlier - risk of RFE if employer withdraws I-140 BUT its perfectly legal and fine to use AC21 as long as its a same/similar role. The only risk is the tension and hassle associated with a possible RFE etc. |
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