485 portability

bep0299

Registered Users (C)
Hi,

I was wondering if anyone could shed some light on this issue. I started out with a H1 for Company A who then sponsored my GC. I switched to company B prior to the approval of labor cert of Company A. After labor cert has been approved, company A still processed my I-140 and was approved. I-485 has been filed recently along with EAD thru company A while I\'m currently with company B with H1.

My question is, if I move back to company A while 485 is pending, will I lose my H1 status from company B? btw, my H1 expires feb 2003.

Any comments appreciated.
 
Yes

But EAD is a better status than H1. You can join company B on EAD too. After 180 days from the receipt date I 485 also becomes "portable"
 
what if...

If 485 has been pending for more than 180 days and I\'m still with company B, what are the risks involved with not moving to company A at all?
 
Intention...

Later on INS might question the intention. The implied "promise of joining company A" is after GC approval. So you might be questioned when you apply for citizenship after 5 years or renewal after 10 years on GC.
 
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