| Q. |
AC21 - leaving the country while changing jobs
I have to leave my job because I need to be in India for 3 months. I am wondering how feasible it is to quit current job, spend 3 months in India, return to US & then look for a new job. I am in H1B-AOS status with both I-140 approved & I-485 filed in 2007. My EAD expires in 2010 & AP filed for renewal.
1) While one can stay within USA, is there any problem while leaving/re-entering US without a job during AOS status? I will have a valid EAD & AP but no job at the time of entry.
2) Does it matter if I am now working on EAD Vs H1B? I have both but not sure what INS considers current.
3) Per AC21, my I485 application, filed by current employer, is not affected. But what happens if my EAD expires before I485 is adjudicated? How can I renew my EAD/AP after leaving current employer?
User's Location:
New York, New York, United States of America
Category:
Employment-based Green Card
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