Please help my case: what should I do for changing company?

[luloo117117]

What should I do before changing company from A to B ("same" occupational classification) ?

My current situation is

1) I am working with valid H-1b for company A
2) Never apply EAD
3) New employment of company B is the "same" occupational classification;
4) Form I-140 (EB-2) has been approved;
5) Form I-485 has been pending for 1 year.

Questions:

1)Do I need H-1b transfer or apply EAD?
2)Which one is Better?
3)Should I inform USCIS I transferred company self-consciously or until getting their REF?
4)If I should, before or after this transfer happen?

[ginnu]

Originally Posted by luloo117117

what should i do before changing company from a to b ("same" occupational classification) ?

My current situation is

1) i am working with valid h-1b for company a
2) never apply ead
3) new employment of company b is the "same" occupational classification;
4) form i-140 (eb-2) has been approved;
5) form i-485 has been pending for 1 year.

Questions:

1)do i need h-1b transfer or apply ead?
-------------let the new employer file h1 transfer and join once get h1 transfer filing reciept from uscis. Apply also ead and ead approval may take 3 months. Many keep valid ead and ap even if dont use ead.
2)which one is better?
-------------------i will go for h1 transfer.
3)should i inform uscis i transferred company self-consciously or until getting their ref?
--------------------once join new employer then you can invoke ac21 with pending i-485 by sending the new employer permanent job offer letter with same/similar job duties. Once join new employer then post and we will help you. Dont wait for rfe. Uscis may ask many documents in rfe or can send noid. File ac21 when join new employer.
4)if i should, before or after this transfer happen?
-----------------after you get new employer job or join new employer.

- -----

[luloo117117]

Thanks for your help.

Unfortunately, I jumped to the second company without any h-1b transfer or EAD application about 2 month ago. I found my mistake and filed my EAD application last week. Do I have any problem in the future if I did not do h-1b transfer or EAD before changing company?

[ginnu]

Originally Posted by luloo117117

Thanks for your help.

Unfortunately, I jumped to the second company without any h-1b transfer or EAD application about 2 month ago. I found my mistake and filed my EAD application last week.
Do I have any problem in the future if I did not do h-1b transfer or EAD before changing company?
---------------YES

How you can work with new employer if you don’t have valid EAD in hand or new employer has not filed H1 transfer? you may have problems. See the company lawyer ASAP.

[luloo117117]

Company A and company B's boss is the same. BUT A and B are different company in law. I changed from company A to B without any EAD or H-1b transfer because the boss knows me.

Still have any problem??? I am scared !!! Crying!!

[ginnu]

Originally Posted by luloo117117

Company A and company B's boss is the same. BUT A and B are different company in law.
I changed from company A to B without any EAD or H-1b transfer because the boss knows me.

Still have any problem???
---------------- Go to your lawyer ASAP.
I am scared !!! Crying!!

Boss of A or B or C may be same but A B C are different companies. USCIS dont care of you know the boss or not. USCIS law/rules are to be followed.

*****If the Company B has not paid you OR Company B has not generated any pay stub on your name then better get Paid by company A then let B file H1 transfer for you. for more info talk to your lawyer.