Can I switch jobs on EAD filed by company?

S

Sachin_Stock

Registered Users (C)
Here is my dilemma, sounds complicated like everyone else’s. I guess time will only tell. Your feedback is much appreciated.

My H1 came through in 2001 with a F100 company in NY. Soon after, in 2002, I got married to a US citizen. I convinced my company to file for my GC through my wife since I would get it sooner and cheaper than going through Labor Certification. Do keep in mind, my company paid for and filed the I-485 and the EAD, through their attorneys, of course. The 1-485 was filed in Nov 2004, delayed because of paper work that was required from India. I had my fingerprinting done in Dec 2004, green card interview with the BICS, again, in Dec 2004. One of the five security checks had not cleared, so the green card was not stamped on my passport. I have, since, received Advanced Parole. The EAD has been approved, and is on its way.

I have a very lucarative offer from another F100 company, and am very tempted to switch jobs. I would not like to transfer on an H1. The questions that I have are:

1) Can my present company withdraw the EAD (already approved), and I-485 application once I switch jobs? What status would that put me in?

2) Can I file for the GC on my own after that? Will I be able to work during the time period?

Thanks again for your time, and suggestions.
 
Sachin_Stock said:
Here is my dilemma, sounds complicated like everyone else’s. I guess time will only tell. Your feedback is much appreciated.

My H1 came through in 2001 with a F100 company in NY. Soon after, in 2002, I got married to a US citizen. I convinced my company to file for my GC through my wife since I would get it sooner and cheaper than going through Labor Certification. Do keep in mind, my company paid for and filed the I-485 and the EAD, through their attorneys, of course. The 1-485 was filed in Nov 2004, delayed because of paper work that was required from India. I had my fingerprinting done in Dec 2004, green card interview with the BICS, again, in Dec 2004. One of the five security checks had not cleared, so the green card was not stamped on my passport. I have, since, received Advanced Parole. The EAD has been approved, and is on its way.

I have a very lucarative offer from another F100 company, and am very tempted to switch jobs. I would not like to transfer on an H1. The questions that I have are:

1) Can my present company withdraw the EAD (already approved), and I-485 application once I switch jobs? What status would that put me in? ------- I-485 is your application. They cannot withdraw it. You will be in AOS once you use EAD and can continue to your new employer.
2) Can I file for the GC on my own after that? Will I be able to work during the time period? ------ Why would you reapply?? Yes you are eligible to work till the expiration of the EAD make sure you will apply for the EAD on your own atleast 90 days before the current one expires.

Thanks again for your time, and suggestions.
Click to expand...
 
Sachin_Stock said:
1) Can my present company withdraw the EAD (already approved), and I-485 application once I switch jobs? What status would that put me in? Can I file for the GC on my own after that? Will I be able to work during the time period?
Click to expand...

You filed for your own GC. The I-130 is your wife's petition, and the I-485 is yours. If the attorney withdraws either petition, they can be disbarred, since your company is not a party to the process.

Smart move on doing it through the wife. ;)
 
So in other words, it irrelevant who paid for filing the application? The applications cannot be withdrawn now, correct??

By the way, I received my EAD yesterday. :)
 
Sachin_Stock said:
So in other words, it irrelevant who paid for filing the application? The applications cannot be withdrawn now, correct??
Click to expand...

That is correct. The only person who can withdraw the petition is the person who filed them. That is your wife for the I-130, and you for the I-485.

If I paid your filing/legal fees, would that make me a party to your Green Card? No.
 
Not Ethic

The company can not withdraw your GC application. Your company just made you the favor to paid for the expenses. If you switch jobs the company may want you to pay them back the expenses of the procedure. Attorney plus filing fees aprox ($6,000).
:confused:
 
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