180 Rule - 485 - New Job/Employer - Do you know?

[SouthIndian]

Hi all,

Good Afternoon. Does any one know about an answer for the following question.

1). If the person has applied for I-485 and has crossed 180 days after ND of his/her I-485 and working on H1, if he/she is having Old Employer sponspored EAD can he/she use that current EAD(Instead of New H1) to work for the new employer who offers him/her same/similar job on same/similar job title/job description/salary?(without working for the original employer who petitioned for his/her GC under the New AC21 law and Initial Guidelines and KEEP THE GC alive?

2). Does a person of above similar nature once after getting a New Employment Offer, inform INS by writing about the \'Change in Intent\' of employment by entering into Employment with the new employer and also send the \'New Employment Letter\' to INS(as required by INS rules)? And can go back to home country and wait for the gc to be approved if the new employer can\'t find a project. By this way, he/she can keep the green card processing alive and come back and work for the new employer after the gc approval?

3). Similarly what is the scenario with the same person who is on his/her H1? A new H1-H1 Transfer is needed?

Thanks for the input.

Have a great day.

Regards
Priyadarshini

 

[whatthehell]

No Title

Q1. Yes. You can use your EAD obtained thru\' the initial sponsor employer to work with any other company as long as your position remains the same.

Q2. You need to be in this country. You can use your Advance Parole to visit your home country for a short period of time. You cannot go and wait for a long period (more than six months) outside the US.

Q3.If you are not going to use your EAD, then, you need to have the new H1 sponsored by the new employer. But I heard that most of the cases where people already have their I-485 filed with an EAD, INS doesn\'t issue a new H1 for that case unless and until the current 485 being either cancelled or withdrawn by the INS/primary employer.

I am not a lawyer. You need to consult your attorney.