Advice for changing employer

[waiting4mygc]

Dear Forum

I filed I140 and I485 concurrently on Aug 2004 and my I140 was approved Aug 2005. It is EB3 case.

My current employer who filed greencard does not support me and said he will reuse my labour. Is it possible for the employer to reuse labour after I140 is approved and 1year is gone after filing I140 and I485?

Is it advisable to change employer. Am I eligible to change employer based on AC21. I have 10 months left for 6 year H1B term. My new employer doesnt file H1.

Your advice please.

 

[ginnu]

Dear Forum

I filed I140 and I485 concurrently on Aug 2004 and my I140 was approved Aug 2005. It is EB3 case.

My current employer who filed greencard does not support me and said he will reuse my labour. Is it possible for the employer to reuse labour after I140 is approved and 1 year is gone after filing I140 and I485?
------------------- if you find new employer and invoke AC21 then he may not use the LC for other person. if he tries to use that LC and your I-485 gets approved BEFORE the second person who uses LC then the second person will get his I-140 and I-485 denied.
Is it advisable to change employer. Am I eligible to change employer based on AC21.
----change employer and invoke AC21
I have 10 months left for 6 year H1B term. My new employer doesnt file H1.
-------------- if possible join new employer with H1trasfer, new employer can also file 7th year H1 extension in future if I-485 is not approved at that time.
Your advice please.

 

[waiting4mygc]

Who gets I485 if LC is reused after 180 days

Thanks Ginnu.

There is no way I can transfer H1. New company prefers EAD.

If my current employer reuses the LC, and if my I485 is not approved, and the new guy gets I140 approved, then what will be the situation. Who will get the I485 approved. Is it me or the new guy who will be with the employer who originally filed for LC.

Regards

 

[ginnu]

Thanks Ginnu.

There is no way I can transfer H1. New company prefers EAD.
------------- try to request them for H1 if not possible then join with EAD
If my current employer reuses the LC,
------------- to use that LC first he need to revoke the I-140, if use use AC21 then you are safe as you are eligible to use AC21 at this time
and if my I485 is not approved, and the new guy gets I140 approved, then what will be the situation. Who will get the I485 approved. Is it me or the new guy who will be with the employer who originally filed for LC.

------------99.9% you will get I-485 approved becase you have I-140 approved, I-485 filed and you will use AC21 with same/similar job offer letter
read below
http://www.murthy.com/chatlogs/ch040405_P.html

Chat User : Can the labor be reused to substitute after the cancellation of an I-140? Please advise.

Attorney Murthy : An LC may be used for a different employee if the employer revoked the earlier I-140 petition, but there seems to be a new risk that the USCIS will take the position that, if the original employee obtained the GC approval under that LC, even if the employer had revoked it, the new employee and the employer cannot take advantage of the earlier LC approval.

Regards