AC21 and new job- Current Employer is threatning to revoke GC

K

KSK_GC

Registered Users (C)
Hello gurus,

I am currently on H1-B [6 yrs completing in June 2006] and also have my EAD.
I am planning to join a new company, using my EAD.

My current employer says he will revoke my GC and attach the approved labor to somebody else. I have my I-140 approved in Feb 2005. My I-485 is still pending with a PD of 6th June 2003.

My questions were:
1) Can the employer revoke my GC application, even though 140 is approved.
2) Can I safely use AC-21 and just work for the new employer, without caring a damn about my current employer.
3) What is the maximum legal damage my current employer can do in this case?

Gurus, please help and I would greatly appreciate all your feedbacks.
Thanks in advance.

KSK_GC
 
KSK_GC said:
Hello gurus,

I am currently on H1-B [6 yrs completing in June 2006] and also have my EAD.
I am planning to join a new company, using my EAD.
-------------------- dont use EAD join new employer with H1 trasfer and later you CAN also extend H1 status on the base of pending I-485
My current employer says he will revoke my GC and attach the approved labor to somebody else.
------------------- If your I-485 gets approved early the other person will get nothing
I have my I-140 approved in Feb 2005. My I-485 is still pending with a PD of 6th June 2003.

My questions were:
1) Can the employer revoke my GC application, even though 140 is approved.
--------------He can send the letter to revoke I-140 any time, but you are safe as I-140 approved and I-485 pending more than 180 days and can invoke AC21
2) Can I safely use AC-21 and just work for the new employer, without caring a damn about my current employer.

------------ that is upto you
3) What is the maximum legal damage my current employer can do in this case?
---------------He can send the letter to revoke I-140 any time, but you are safe as I-140 approved and I-485 pending more than 180 days and can invoke AC21

Gurus, please help and I would greatly appreciate all your feedbacks.
Thanks in advance.

KSK_GC
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One question...

I am planning to join a new company, using my EAD.
-------------------- dont use EAD join new employer with H1 trasfer and later you CAN also extend H1 status on the base of pending I-485
---> Hi Ginnu, why do you recommend a H1 transfer as opposed to using a EAD card? What difference will it make over each other in either situation? Cannot one extend H1 based on EAD alone ...even if his earlier employers cancels his GC?
 
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