Crazy question

V

vishy71

Registered Users (C)
This may sound really crazy to some people out there.This is a really basic question.

I have an approved I-140 and the 485/EAD app/AP application is going out tomorrow.

Assuming I decide to use my EAD and move(after 180 days),thus abandoning my H1B witht he sponsoring employer,am I committed to work for the original sponsoring employer down the line ,or does that even matter.( I read somewhere that since the LC was by the first Employer ,you have a commitment to them)

Second approvals of the GC have taken anywhere from 1 year to three ,during that time ,do you just keep getting your EAD renewed on a yearly basis or what? what if it takes 4years, I mean your H1b is gone and then you are at the mercy of the INS .....

Thanks ,I'm just a brand new fish in these waters and want to do the right thing.

Thanks
 
WELCOME TO THE PAINFUL PROCESS....

Assuming I decide to use my EAD and move(after 180 days),thus abandoning my H1B witht he sponsoring employer,am I committed to work for the original sponsoring employer down the line ,or does that even matter.( I read somewhere that since the LC was by the first Employer ,you have a commitment to them)

----------
You are supposed to complete 6 months after your 140 is approved with your current employer who sponsored ur GC. After that you are free to change job (as many you want but if you find 1 good one so stick with it until ur GC comes) by invoking AC21. --------------

Second approvals of the GC have taken anywhere from 1 year to three ,during that time ,do you just keep getting your EAD renewed on a yearly basis or what? what if it takes 4years, I mean your H1b is gone and then you are at the mercy of the INS .....

----------------------------------
GC approval can take 2 to 3 years amy be more looking at pesent scenario. If u r going to stick with same current employer then recomended is that you stay on H1B as long as you can this will save u a lot of frustration/wait in applying EAD & AP.
& yes EAD has to renewed every year and u'll need to send it for renewal atleast in 6 mo advance. I don't think there's any count limit on EAD renewal. ------------------------

Thanks ,I'm just a brand new fish in these waters and want to do the right thing.

Thanks
 
Re: WELCOME TO THE PAINFUL PROCESS....

As far as I know we can use AC21 and shift to a new emp only if you have a approved I140 and 180 days have passed after filing I 485.

It is always better to keep H1 status as far as possible. But if your sharp and want to work for multiple employer's then you can use EAD else do a H1 transfer. One disadvantage of this is you need to renew your EAD /AP every year, which is a lot of pain.

I had to postponed and cancel my trip to India twice due to delayed AP.

Originally posted by amcom
Assuming I decide to use my EAD and move(after 180 days),thus abandoning my H1B witht he sponsoring employer,am I committed to work for the original sponsoring employer down the line ,or does that even matter.( I read somewhere that since the LC was by the first Employer ,you have a commitment to them)

----------
You are supposed to complete 6 months after your 140 is approved with your current employer who sponsored ur GC. After that you are free to change job (as many you want but if you find 1 good one so stick with it until ur GC comes) by invoking AC21. --------------

Second approvals of the GC have taken anywhere from 1 year to three ,during that time ,do you just keep getting your EAD renewed on a yearly basis or what? what if it takes 4years, I mean your H1b is gone and then you are at the mercy of the INS .....

----------------------------------
GC approval can take 2 to 3 years amy be more looking at pesent scenario. If u r going to stick with same current employer then recomended is that you stay on H1B as long as you can this will save u a lot of frustration/wait in applying EAD & AP.
& yes EAD has to renewed every year and u'll need to send it for renewal atleast in 6 mo advance. I don't think there's any count limit on EAD renewal. ------------------------

Thanks ,I'm just a brand new fish in these waters and want to do the right thing.

Thanks
Click to expand...
 
Correction in my post

Thanks hay94541. Here's the correction.

---------- ** Wrong **
You are supposed to complete 6 months after your 140 is approved with your current employer who sponsored ur GC.
--------------

--- **Right**
You MUST have approved 140 and you must have completed 180 days with same employer from the day your I-485 was filed.
--


K.
 
Crazy Question Update

Thanks a lot for your replies guys.....

WHile I work for the new employer,can I also work for multiple other employers,do Ineed to inform the INS about every Employer I work for?

Shusterman told me in an interview that it was" a waste of money" to apply for an H1B withthe new employer in an AC21 scenario.

Am I to assume that once an EAD has been issued ,and assuming that it is renewed on a regular basis,you're guaranteed the GC,we just don't know how long it willl take correct?(H1B 6 year limit notwithstanding).

Appreciate you people answering my questions.

Thanks Guys
 
vishy71 Quote:
Am I to assume that once an EAD has been issued ,and assuming that it is renewed on a regular basis,you're guaranteed the GC

** No dude there's no guarantee in GC until you have GC in your hand and passport stamped. Your approval of 485 depends up on all the conditions they look for to allow you to live in states. Primary are Your stable job with required salary in your field in which you applied, No criminal record & no violation or illegal or unauthorized stay in US.

If you pass all these tests then you are clean to get GC but still there's a time factor involved. 2-3 yrs for sure.
Renewal of EAD is just a means that you can work until you get GC approved. If 485 gets denied then everything getd denied.. EAD/140/AP all in one.
**

K.
 
How much of a safety net is safe??

I have opted not to renew my H1-b and have started using EAD. Of course I am with the same employer who filed my GC.

Shusterman is right (and he should know!!) renewal of H-1 is a waste of money and what is the guarantee that the H1 will come through painlessly without RFE and god knows what else.

The EAD/AP approval is a better and cheaper route than the h1 especially now with guidelines issued for IEAD. The inabilty to travel as you please is a small pin prick compared to the nightmare of the whole process.

If we assume that the 485 is denied for whatever reason how will that not affect the valid h1-b.

It is not as if we are walking the USCIS tightrope and the safety net is provided by some one else.
 
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