Another AC21 case question

IL_LABOR

Registered Users (C)
All,

I have my EAD card and its been more than 180 days since my I-140 and I-485 were filed. My I-140 has been approved. I am still on my H1 status. I have not yet used my EAD.
I want to join new company on a new H1. The reason I need a new H1 is to bring my wife to the US on H4.

Does the new company need to file my new H1 in the same job description as my Green Card labor or they can file in any job description? The new company is willing to give me the EVL ( Employment Verification Letter ). in the same skill sets as my Green Card Labor


My present H1 is for Software Applications Developer and my Green Card labor is for Oracle Applications DBA.

If I switch my employer now, can the previous company do anything to cancel the GC by informing the INS?


Thanks!
il_labor
 
I have my EAD card and it’s been more than 180 days since my I-140 and I-485 were filed. My I-140 has been approved. I am still on my H1 status. I have not yet used my EAD.
I want to join new company on a new H1. The reason I need a new H1 is to bring my wife to the US on H4.
---- That is good
Does the new company need to file my new H1 in the same job description as my Green Card labor or they can file in any job description?
---- They can file H1 transfer in same job or LC description it does not matter because it will be job based on no-immigration status (H1) and GC is for future job after I-485 approval
The new company is willing to give me the EVL (Employment Verification Letter). in the same skill sets as my Green Card Labor
------ That will be fine if employer gives you future permanent job offer letter with Same skill and same job title for future permanent job offer after I-485 approval and you can inform USCIS your intent change and send new employer letter with copy of I-485 filing reciept so that they attach with your pending I-485 file


My present H1 is for Software Applications Developer and my Green Card labor is for Oracle Applications DBA.

If I switch my employer now, can the previous company do anything to cancel the GC by informing the INS?
---- your I-140 is approved and I-485 pending more than 180 days even if past employer send letter to revoke the I-140 USCIS will not revoke the I-140

Take the print out and Read the AC21 august Memo and keep the printout with you:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf

http://www.usavisanow.com/8-13-03-140-485.pdf

http://www.murthy.com/UDportme.html

*** try to maintain H1 status and don’t use EAD till your wife reaches US on H4 visa and enters on H4 status and then file her I-485, EAD, AP before her I-94 expire

Good Luck!!!
 
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