Change Job/ withdraw risk?

T

tango_1971

New Member
Hello,

I have an interesting offer from another company to work in the same related field. I have an L1A visa, my I-485 has been pending over 7 months, my EAD is in the process.

My current employer made me sign a letter that says that they could withdraw the GC process if I leave the company.

Can they really withdraw my process when my I-485 has been over 180 days pending? Am I in risk?
Can I take the new job while my EAD arrives?
Am I subject to Labor certification?

Thanks in advance for your feedback.

Tango 1971
 
Is your I485 based on I140?

If so, your employer can revoke I140. However, if INS can't act on the revocation after 180 days of I485 RD, you are fine. The employer cannot revoke I485 because it is your application. They also cannot revoke LC because technically LC has nothing to do with you.
 
Yee Man,

The I-140 was approved in March 2002 and the I-485 was filled to INS in April 2002. Does this mean that my I485 and my GC process is safe?

Thanks in advance,


Tango
 
Yes. You are safe now unless you don't have a job at RFE/interview or you are a terroist! ;)

Don't listen to your company's threat. There is nothing they can do now. Enjoy your life!
 
I would advise you to speask to a lawyer
before you take a descion and also there is a post by jim mills to a question similar to this where he says there might be a risk
 
I can!!

Hi All,

today I spent the morning at an attorney office in my area, according to their expert in portability, I can take the new job as soon as I get my EAD (hopefully soon). Obviously the work should be similar description.

My current employer can't do nothing against my GC process as it is now in my hands.

They told me that my companies attorney was doing the process in the long way to keep me captive. In fact those guys suggest me to go for Adjustment of Status instead of Consular Process, and they never process my EAD until I specifically ask for it.

If I had gone on Consular Process I would already have my green card!! ... but I did not.. and I regret it! So if anyone happens to read this note, go for Consular Process.

Now, I just need to wait for my EAD.

Good luck

Tango.

PS. This is not legal advise.. just my experiences
 
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