better to be a contractor and wait till GC?? or NOT??

H

Hari_Seldon

Registered Users (C)
Guys,

Sometimes there are seemingly contradictory views expressed in these postings.

Often it seems that waiting for the RFE, replying, getting your GC and then moving to another job seems just right.

But as I just read in the other thread about "Future Employment" and from Niladri's great reply, it seems that moving companies at anytime is OK AND ACTUALLY MIGHT BE BENEFICIAL TO MOVE BEFORE THE GC (ESPECIALLY SINCE I HAVE NO INTENTION TO CONTINUE WORKING FOR THEM FOR SIX MONTHS AFTER...).

I work as an IT contractor in an Indian/American JV - a few years- and am waiting.... WAC0220nxxx. The American company wants to hire me immediately (hopefully with a neat 33% jump). I have a valid H1 and EAD.

What sayeth the combined wisdom here??

warm regards

Hari_Seldon
RD June 02
 
1. If you have been waiting for more than 180 days
2. If the new job has same or nearly same requirements
3. Salary is => LC salary

Then it makes absolute sense to change jobs before GC approval. In case you stay till you get your GC, AC21 no longer applies and now the onus is on you to show that you had "intent" to stay with the sponsoring company after getting your GC and had no intension of commiting immigration fraud.

The ways of the INS are mysterious, they allow you to change jobs with impunity while waiting for GC but won't let you do the same after becoming free.

Good luck with the new job!
 
Go for it!
You hit it on the head. You are better off transferring sposnorship to the employer you are likely to stick with.
 
Thanks folks...

and I assume it is still better to just move on H1(with EAD as a fall back)...does AC@! (intentional) differentiate between an H1 transfer and I-485 EAD?

warm regards

H_Seldon
 
Hari_Seldon,

According to my supposedly great explanation, the AC21 transfer of sponsorship of I-485, and transfer of current employment are two different things, no?

You could obviously do AC21 and H1 transfer, but would have to wait for H1 transfer filing to have taken place and receipt obtained before you can start work at the second employer. With EAD it could be instantaneous, but you would lose all the benefits of H1 (travel w/o AP, fallback option if problems with 485).
 
Thanks Niladri....

yes i do understand the paperwork associated with H1 transfer...and fortunately I think I have the ability to initiate that quickly....the company pays....and my lawyer is a great proponent of the "dual intent" (since she makes more money, why not)

I think I will move on H1 - if by some strange quirk of fate something happens on the 485 - I will still have time to sell my home and go back to Bangalore/Delhi/wherever without "losing status"

warm regards

Hari_Seldon
 
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