Change to a new employer while I-140 and I-485 is pending

O

origin72

Registered Users (C)
Hi,

I need some crucial information. Please help.

My wife is the primary applicant of our GC and she should get her EAD in a month or two.

However her I-140 and I-485 are pending and will be pending for 6 months by June 2004.

She has got an offer from a new employer to join as a permanent employee in June 2004.

My questions are :

1. Can she take up a new employment if she has her EAD but her I-140 is pending?

2. Should the job description match? Her current Labor / GC has been filed as a Programmer / Analyst. However, she will be taking up a job of an Exchange Administrator (which is again an IT position but as a system support person). Is this is a problem?

3. How much higher can the new salary be as compared to the filed salary?
 
My wife is the primary applicant of our GC and she should get her EAD in a month or two.
----- did you file derivative I-485, EAD AP? if not file
However her I-140 and I-485 are pending and will be pending for 6 months by June 2004.

She has got an offer from a new employer to join as a permanent employee in June 2004.
------- She must wait for her I-140 approval or the past employer may revoke I-140 anytime before approval. To be safe she needs I-140 APPROVED and I-485 pending more than 180 days.
My questions are:

1. Can she take up a new employment if she has her EAD but her I-140 is pending?
----- Risk, wait for I-140 approval
2. Should the job description match? Her current Labor / GC has been filed as a Programmer / Analyst. However, she will be taking up a job of an Exchange Administrator (which is again an IT position but as a system support person). Is this is a problem?
------- on Her future permanent job offer letter from new employer should write the same job title(not must) but same skills as on approved LC. At this time she is at Risk and is not eligible to use AC21
3. How much higher can the new salary be as compared to the filed salary?
---- Salary is not issue according to august AC21 MEMO (good if new employer is ready to pay same or above the LC salary). She should NOT take risk at this time, if she wants to change employer do it after her I-140 gets APPROVED and I-485 pending more than 180 days
 
You must log in or register to reply here.
Top