AC21 in completely different scenerio

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vagarwal

Registered Users (C)
I am opening new thread because it's completely different case of AC-21 and need some expert advise.

I have worked for company A and get approved labor and I-140 and changed to company B on H1 tranfer. After some time I came back to company A and file for I-485 and now I want to go back to my company B again. Should I wait for 6 month after filling I-485 Should I join company B on H1 again as still it's valid for company B or use EAD. Will it be problem in GC proessing to switch cos. A->B B->A and then A->B.
 
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Switching companies is not a big deal. It all depends on what philosophy you want to subscribe? That 6 months is for INS to adjusdicate, then you can go ahead and join B. If you want to take the conservative approach, wait for 6 months. Also you need to find a lawyer who agree to your view point.
 
jaxen can you elaborate a bit

i am also in similar situation but dont know should i switch.Another reason is that what happens after you switch (after 180 days) and there is layoff in the company you go.If switching is no issue,can you switch twice after 180 days.I shall appreciate your response (and others too).
 
vagarwal

At the time of filing your I-485, your lawyer must have indicated which company you are working with at that moment. Considering the aggressive nature of INS in applying various immigration laws these days, it would be prudent if you are with the I-485 filing company until six months before moving to any other company. That way you would be on the right side of the law. Even if you move before 6 months, you could still get approval but you will be entirely at the mercy of the officer who will process your case. Either the officer should overlook your case or a good natured person to get approval. If he is not, then you won't be on strong legal grounds to appeal if the case is denied. In this country, it is always wise to be on the right side of the law especially when it comes to career.
 
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