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I-485 Portability (AC21) Change employers after 180 days. What if you are laid off before 180 days.

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Old 26th January 2009, 01:48 PM
visu Venkat visu Venkat is offline
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Switch employers keeping Green card with original employer

Hi,
I got my 140 approved,EAD issued and 485 pending since July'07. My priority date is in Nov'06 on EB2. But I am still on my H1B.
I am working for a consulting company that sponsored my green card and at this stage, I have a job offer from another big company that is willing to take over my green card process.
My questions are:
1. Are there any risks if I switch employers at this stage? I think I can use AC21 and do this. But I want to understand the risks.
2. Can I keep my green card with the old employer and transfer my H1B over to new employer and start working for it? I heard there is some new rule saying I have to be on the payroll of the company that is sponsoring green card. Is that true?
3. In case I want to switch back to my old employer in future and transfer the green card back to him, is there any risk in that?
Thanks.
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Old 27th January 2009, 12:15 AM
ginnu ginnu is offline
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Quote:
Originally Posted by visu Venkat View Post
Hi,
I got my 140 approved,EAD issued and 485 pending since July'07.
-------------------you are eligible for AC21
My priority date is in Nov'06 on EB2. But I am still on my H1B.
I am working for a consulting company that sponsored my green card and at this stage, I have a job offer from another big company that is willing to take over my green card process.
My questions are:
1. Are there any risks if I switch employers at this stage? I think I can use AC21 and do this. But I want to understand the risks.
-------------------you can join new employer and can invoke AC21. if new company is ready to file H1 transfer that is better for you and join once the new Company H1 transfer petition reach USCIS and you get H1 filing reciept.

2. Can I keep my green card with the old employer and transfer my H1B over to new employer and start working for it?
------------ You can do that but if you are going to work with new employer then why not to invoke AC21?
I heard there is some new rule saying I have to be on the payroll of the company that is sponsoring green card. Is that true?
-------------not true. GC is for future job.
3. In case I want to switch back to my old employer in future and transfer the green card back to him, is there any risk in that?
-----------------You dont transfer Green Card. if you join new employer then invoke AC21 by sending permanent job offer letter with same/similar job duties and after I-485 gets approved work with new employer for 6-7 months then join any company OR if you dont invoke AC21 then after I-485 gets approved go back to the employer who filed LC and I-140 for you.
Thanks.
best option if you want to change employer is to invoke AC21 and then after I-485 approval work with new employer.
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Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.
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