Questions on Switching Employer on EAD

[computer_guy]

Hello,

My I-140 was approved in Jan 2007.
I have been on EAD since Oct 2007.
I have applied for I-485 on August 10, 2007.

My company is very careful about not handing out immigration docs to their immigrant employees (this is an Indian company) so I do not have the I-140 in my hand - since the INS mailed the I-140 to the company, the company has kept it.

I guess I can switch employer since it has been more than 180 since I applied for I-485 but do I have to have the I-140 in my hand to do that?

How can I get a copy of my approved I-140? My employer will not hand it out to me.

Please advise.

Thanks!

[mmed]

Hello,

My I-140 was approved in Jan 2007.
I have been on EAD since Oct 2007.
I have applied for I-485 on August 10, 2007.

My company is very careful about not handing out immigration docs to their immigrant employees (this is an Indian company) so I do not have the I-140 in my hand - since the INS mailed the I-140 to the company, the company has kept it.

I guess I can switch employer since it has been more than 180 since I applied for I-485 but do I have to have the I-140 in my hand to do that?

How can I get a copy of my approved I-140? My employer will not hand it out to me.

Please advise.

Thanks!

I140 belong to the employer, not you and he can request to be revoked any time.
I485 is your applicaton even if employer apply and pay for the fees.
You can change emplyer ater the 180 days to similar job in the same or similar field and envoke C21 and you do not need copy from the I140 appliation

[computer_guy]

I140 belong to the employer, not you and he can request to be revoked any time.
I485 is your applicaton even if employer apply and pay for the fees.
You can change emplyer ater the 180 days to similar job in the same or similar field and envoke C21 and you do not need copy from the I140 appliation

Thanks for the response. THe new company will apply for I-485 but is willing to hire on EAD. So I am guessing that the new company will have to send a letter to INS as a part of AC21?

The other question is about "similar employment" in AC21 is this - my current employer hired me few years back as a Sr. IT programmer analyst (that is my job title stated in my I-140) but now I am an IT project manager with the same company. Currently, I am looking at IT project manager jobs with these new companies. With regards to INS, does IT programmer analyst and IT project manager mean similar jobs?

btw, I paid for the EAD, I-131, I-485 etc. and not my company.

[dms1]

Thanks for the response. THe new company will apply for I-485 but is willing to hire on EAD. So I am guessing that the new company will have to send a letter to INS as a part of AC21?

That makes no sense. You can only get an EAD if you have already filed your I-485. Therefore, the new company doesn't need to "apply for I-485" as you suggest.

[computer_guy]

That makes no sense. You can only get an EAD if you have already filed your I-485. Therefore, the new company doesn't need to "apply for I-485" as you suggest.

oops sorry. There is a typo in my last statement The new company will NOT apply for I-485 (or do anything with the green card application process) on my behalf but is willing to hire candidates on EAD.

[computer_guy]

I still need to know whether the job titles - "IT Programmer Analyst" and "IT Project Manager" are considered similar or not in the AC21? Can anyone tell me?

Thanks!

[mmed]

I still need to know whether the job titles - "IT Programmer Analyst" and "IT Project Manager" are considered similar or not in the AC21? Can anyone tell me?

Thanks!

Similar field is something in the same carier e.g Computer programer, project manager, owner of computer business are the same. Not similar field like IT programmer analyst and pitza delivery, cashier at WalMart, professor of biology at university for example. Promotion in the same field is desirable and expected after prolonged waiting with pending application. You are OK

[computer_guy]

Thanks for the response.