Change of job, I485/AP?EAD pending

[I485_help]

My 485 was filed in 1st wk of July & so far haven't received any receipts so far. Since GC is for future employment, CAN I CHANGE my job:

1. Before I receive any receipts
2. After I get EAD

If my H1 gets transferred to the new company, can my approved 140 & pending 485 through current employer would be still valid?? If not, can those be transferred to my new employer along with H1?

Kindly give your inputs

 

[TheRealCanadian]

If my H1 gets transferred to the new company, can my approved 140 & pending 485 through current employer would be still valid?? If not, can those be transferred to my new employer along with H1?

If you switch jobs prior to your I-485 being pending for 180 days, your sponsor can withdraw the approved I-140 and you start over from scratch.

 

[rvshravan]

1. You can switch job only after your EAD is approved.
2. Once you switch your job, you will be working on EAD and will lose your H1 status.
3. If you would like to transfer your H1 and not work on EAD, then you would need to restart your GC process from the labor stage. The labor and the I-140 are tied to your company.

----------------------
Important: I am just a VOLUNTEER, not a lawyer. Answers are to the best of my knowledge.

 

[I485_help]

Thanks for your responses.

Someone had suggested me earlier that EAD does not grant one any status. It would be advisable to transfer the H1 visa to the new employer, in order to maintain a valid status in the event I-140 appl_n is canceled by the current employer.

In that case, what will be the validity (in years) of the new H1-b visa in the event H1 is transferred, before or after the EAD?

Thanks for your time!

 

[Glaxy99]

Hi Guys,
any one have some idea about my matter. my privous employer has field my 485 for future what happens if i will not join them after GC .

Thanks

 

[vj66321]

this baby has started to crawl !

Hi Guys,
any one have some idea about my matter. my privous employer has field my 485 for future what happens if i will not join them after GC .

Thanks

As per what I understood from reading through this forum, if you get your green card and dont work for the sponsoring employer you wont have a probloem with your green card status.

But when you apply for a citizenship, the office might ask you why you didnt work for that employer, you need to have a good answer to this question.

if your answer makes the officer feel that you wantedly did not work for that employer it will amount to cheating and might cause you problems in obtaining citizenship.

however, I talked a number of people who didnt work for their sponsoring employers after GC still got their citizenship with no question asked.

Its a risk you need to think about, Attorneys advice you to work for atleast 180 days after getting GC with the sponsoring employer to avoid this risk.

other gurus, please clarify if required.

 

[vj66321]

same case as you, this is what i have planned...

Thanks for your responses.

Someone had suggested me earlier that EAD does not grant one any status. It would be advisable to transfer the H1 visa to the new employer, in order to maintain a valid status in the event I-140 appl_n is canceled by the current employer.

In that case, what will be the validity (in years) of the new H1-b visa in the event H1 is transferred, before or after the EAD?

Thanks for your time!

I'm exactly in your situation, filed 485 and now i'm forced to do a job cgange because my team will end up as a different company and the main company will be sold.

EAD is risky as you loose your H1 once you fill a I-9 form.

I have 2 options,

1. stay back with the main company, the merger / acquizition will take 5-7 months to get through. I would have completed 180 days since filing 485, then change job with a H1 transferand use AC 21.

2. ensure that the old company does not revoke my 140 within 180 days (risky, nothing guaranteed) , take assurance that they will answer my RFE's on 485 if any (out of good will , no assurance), file a H1 transfer and continue a new job. if my previous employer kept their promise (140 and rfe) after 180 days file AC 21 using new job info.

because my sponsoring company will be non existant and if i will get a letter from them that they wont be able to offer a position for me after i get a green card (no guarantee), i should not have a problem with citizenship as well.

other gurus, clarify if im wrong.

 

[gc_chahiye123]

inline...

1. You can switch job only after your EAD is approved.

-------- incorrect. You can switch jobs 180 days after your I-485 filing as long as your I-140 is approved. getting or not getting EAD has nothing to do with changing job and maintaining your GC.

2. Once you switch your job, you will be working on EAD and will lose your H1 status.

--------- incorrect . You can switch using H1 transfer and still continue your GC with new employer (180 days past AOS filing)

3. If you would like to transfer your H1 and not work on EAD, then you would need to restart your GC process from the labor stage. The labor and the I-140 are tied to your company.

---------- incorrect. If you transfer your H1 after 180 days, you dont have to restart GC, if you do it within 180 days, you need to restart the GC.

 

[Zgreen]

You need to use AC-21 portability to change jobs (485 pending 180 days, 140 approved, etc.) and continue your existing GC process. To work for the new employer, however, you may use either EAD or transfer your old H1B. Keeping H1B status is recommended in case something happens to your I-485 (unlikely, but it does happen). It is not true that "EAD does not grant one any status" - you are already in "adjustment status" and it is legal - it is just that using EAD means you are no longer in H1 status.