Pls advise - changing the employer on EAD

[Paddy76]

Hi Rajiv,

Greetings !!

My I-140 got approved yesterday (after the RFE is responded). My I-485 is pending for more than 180 days. I did concurrent filing in July 2007. I have got EAD but until now working on H1 which is valid until October 2011.

My current job (contract) is coming to an end in a week. Now,
1) Is it good to join another employer on EAD (for first time) who is ready to offer me a position?
2) If so, what are the main things I need to look for from the new employer? 3) Also, after I join new employer, can old employer stop my AOS process?
4) While filing AC21 after joining new employer, if it is denied, what is my status? What are the things I need to look into AC21 filing in this case.

I would greatly appreciate your response.

Thanks
Paddy

 

[ginnu]

Hi Rajiv,

Greetings !!

My I-140 got approved yesterday (after the RFE is responded). My I-485 is pending for more than 180 days. I did concurrent filing in July 2007. I have got EAD but until now working on H1 which is valid until October 2011.

My current job (contract) is coming to an end in a week. Now,
1) Is it good to join another employer on EAD (for first time) who is ready to offer me a position?
--------------------------you can join with EAD but H1 transfer is better option.
2) If so, what are the main things I need to look for from the new employer?
-------------------------You will need Permanent job offer letter with same/similar job duties to invoke AC21. Ask the employer if they are ready to give you letter after you join them. Inform them that you will need that letter to invoke AC21 with your pending I-485.
3) Also, after I join new employer, can old employer stop my AOS process?
-----------------------You are eligible for AC21.
4) While filing AC21 after joining new employer, if it is denied, what is my status? What are the things I need to look into AC21 filing in this case.
------------------- Do you mean AC21 denied or I-485 gets denied? If I-485 gets denied then you will know the reason of denial. Sending or invoking AC21 is not the reason for I-485 denial. USCIS gives reason for any denial and if you have valid H1 status at that time you will be on H1 status.

I would greatly appreciate your response.

Thanks
Paddy

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