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Changing jobs on EAD. Should USCIS be notified about intermediate employer changes or only final...

Discussion in 'General I-485 and Related Issues' started by waavman, Mar 4, 2010.

  1. waavman

    waavman Registered Users (C)

    I am currently working on an EAD.
    My 485 has been pending since Jun 2006. My priority date is 2002 Oct.
    In Jun 2008, I already switched jobs once on my EAD, 365 days after my 485 had become pending.
    My current employer's attorney filed a G28 and AC-21 and responded to a USCIS RFE whether my current job classification was similar to the original classification that my Labor was filed under.

    All said and done, its been nearly 2 years since I switched employers on my EAD.
    Now since my current contracting assignment is coming to an end, I would like to switch employers again. I have the following questions. Clarifications would be greatly appreciated.

    (1) When I switch employers, does USCIS automatically get notified that I have switched employers ?

    (2) Is there any rule that I should notify USCIS immediately about my employer switch ?

    (3) Can I wait for about 6 months before notifying USCIS that I switched employers. This is because depending on how my new assignment goes, I might continue with the new employer or if I am not happy with the job, I could further look for yet another new job and employer and switch. Only when I feel satisfied with the new job and feel that I would be able to stick with the new employer for a long time, I would notify USCIS that I have switched employers. Is this a feasible option or do I have to notify USCIS as soon as I switch employers regardless of whether I stay with them for a month or for several years ?

    (4) The idea behind not notifying them immediately is to minimize the number of times on their radar that I have switched jobs while my 485 is pending. For example if I switch to a new employer B now, and donot like the position and so in a month's time find another job and switch to employer C, if I notify USCIS only after I switch to C, in their records I would have switched employers only twice (once to A and once to C) instead of the actual 3 times. Would it work this way ?

    (5) Keeping my job classification same, if I switch employers several times on my EAD while my 485 is pending, does that jeopardize my greencard process ?

    (6) Is there a limit on how many times one could switch employers using my EAD once my 485 has been pending for over 6 months ?

    Your clarification on above 6 queries would be greatly appreciated.

  2. ginnu

    ginnu Registered Users (C)

  3. Jackolantern

    Jackolantern Registered Users (C)


    No. But it is in your interest to notify them before the employer asks USCIS to revoke the I-140. If the employer doesn't do that, you can change jobs and still get your green card without having to ever notify USCIS of your employer change.

    You can wait as long as you want, provided the employer doesn't send the I-140 revocation request to USCIS, and USCIS doesn't otherwise take the initiative to send an RFE to check on your employment status (they sometimes send such RFE's when an individual files a change of address to a city or state far away, because the address change made them wonder if there is also a job change).
  4. waavman

    waavman Registered Users (C)

    Thanks for the reply Jackolantern.
    Here are some followup questions I have.

    When I switched from my original employer A to my current employer B 2 years ago, B's attorney filed a G28 and AC21 to the USCIS.

    (1) So who really holds my I-140. Is it the original employer A or employer B ?
    (2) Employer B would not bother to revoke my I-140. I have a good relationship with them. But employer A is not very professional and my question is do they still have the ability to revoke my I-140 2 years after I left them even after employer B filed an AC21 and G28 ?

    (3) If USCIS doesnot get notified automatically about switching of employers, then if I switch from current employer B to a third employer C, if I donot reveal it at all to USCIS about my switch to C, would I still be able to seamlessly get my greencard ?

    Or at some point before I get my greencard, do I have to disclose to USCIS that I have switched to employer C ?

    (4) In case I am on bench without an assignment for a few months between the switch from B to a prospective new employer C, and I donot get paid for those few months (since I am work on an hourly rate), would the fact that I didnot get paid for a few months cause issues down the road when getting my greencard ?

    (5) If I claim Unemployment Benefits for the few months that I might be on bench before switching from employer B to C, will that alert USCIS that I was not being paid for those few months and cause issues down the road when its time to get my GC ? If it could jeopardize, do you suggest that I do not apply for Unemployment Benefits at all.
  5. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    Employer A. Employer B is not a party to the I-140.

    Of course. They can withdraw the I-140, and USCIS will send you an NOID.


    No issues.

    No issues. If you have an EAD you can claim UI.
  6. waavman

    waavman Registered Users (C)


    Based on your replies above, I would like to know:

    (1) What is the difference between filing AC21 voluntarily when I switch from employer B to employer C versus waiting till USCIS sends an RFE and I respond to them that I have changed employers from B to C under the same job classification ? Are both essentially the same ?

    (2) Lets assume
    I have switched from employer A(original employer who filed my GC) to employer B,
    A few years later from B to C
    A year later from C to D.
    If I have notified USCIS of my switch from A to B and filed AC21, and if I have NOT notified USCIS of my switch from B to C, when I notify USCIS of my switch to D can I tell them that I switched directly from B to D without revealing about C ? Is there a chance they could uncover that in future sometime when they ask for my paystub for a particular period when i could coincidentally have been employed by C and find employer C's name in the paystub which they were never aware of ? If so, would this cause problems with getting my GreenCard ?

  7. Jackolantern

    Jackolantern Registered Users (C)

    No. With the RFE you have a specific deadline to respond, and you likely will be denied if you don't. Whereas with the proactive notification, there is no specific deadline. And the intent of sending the proactive notification is to prevent the RFE or NOID in the first place. If the employer requests revocation of the I-140 and USCIS sees that you already sent the AC21 documentation, they should not send the RFE or NOID. Unfortunately, for many people they send the RFE/NOID anyway because they didn't notice or care that the AC21 documents were already sent.

    They don't care about intermediate job changes. If they send an RFE or NOID when you are with employer D, you have to show that the job with employer D meets the "same or similar" criteria or that you have another job offer that meets the criteria. The law does not require you to notify USCIS of every single job change in the past.
    Last edited by a moderator: Mar 28, 2010
  8. waavman

    waavman Registered Users (C)

    Following up to the discussion I had a month ago above , these are present developments and then I have questions based on those.

    As a refresher my GC was filed through employer A, I got my EAD, my 485 is pending since 2007. 360 days after it was pending, I switched from employer A to B on EAD at which time I filed AC21 and G28 through employer B. So according to USCIS presently I am employed by employer B. Now for the current developments.
    Mar 31 2010 was my last day with employer B with whom I was working on EAD. I joined new employer C on EAD on Apr 19 2010. I donot intend to file AC21 through my new employer C because at this point there are very slim chances of employer A revoking my I-140. My only concern is that I filed for unemployment benefits for the period between Apr 1 2010 and Apr 19 2010 when I was unemployed, through the New Jersey Department of Labor and Workforce Development.
    (1) Is there even a slim chance of USCIS coming to know that I was unemployed between Apr 1 and Apr 19 ?
    (2) If they come to know that I was unemployed for that brief period of 19 days would they be sending an RFE on my pending 485 to employer B ?
    (3) Any other risks with me not filing for AC21 through employer C ?

    thanks in advance
  9. Jackolantern

    Jackolantern Registered Users (C)

    1. USCIS is not notified of people who collect unemployment. They'll only find out if they have a reason to actively search the unemployment records to find you.
    2. Any RFE for the I-485 will be sent to the lawyer you specified on the G-28 form, or to you if there is no active G-28.
    3. Can't think of any.
  10. waavman

    waavman Registered Users (C)

    Thanks for the response Jackolantern
    So if USCIS does find out somehow that I was unemployed for 19 days (Ap1 - Apr 19), do they send an RFE even though they know that presently I am employed ?
  11. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    Why would they? There's no requirement that one be continuously employed with a pending I-485.

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