Changing Job when I-140 is pending

M

mardala

Registered Users (C)
Please share your experience/ expertise

Can someone change the Job when I-140 and I-485 are pending for more than 180 days of filing and have EAD. H1B is still valid till Dec 05. Is there a need for another H1B from the new employer ? Assuming the current employer will continue GC processing.
 
If you are intending to use AC21,
I140 should have been approved and I485 has been filed and pending more than 180 days.
 
Can someone change the Job when I-140 and I-485 are pending for more than 180 days of filing and have EAD.
--- If I-140 approved AND I-485 pending more than 180 days, same /similar job
H1B is still valid till Dec 05. Is there a need for another H1B from the new employer?
----- If still on H1B it is better to go for H1 to H1 transfer, being on H1 status has advantage for you. Ask new employer to file H1 transfer and once you get filing receipt join him.
Assuming the current employer will continue GC processing.

----- still I prefer to be on H1 and will file H1 transfer and join new employer on H1
 
Thanks for your valuable inputs. Now, when applying for H1 transfer , How about the Job Title and Salary ? should it match the earlier H1 or the labor application.
Secondly, When I-140 and I-485 are pending and EAD is recd, can some one take part time job else where in addition to the regular Job with the current employer.
 
Thanks for your valuable inputs. Now, when applying for H1 transfer , How about the Job Title and Salary ?

should it match the earlier H1 or the labor application.

----- if match better if don’t match no problem, GC is for future job
Secondly, When I-140 and I-485 are pending and EAD is recd, can some one take part time job else where in addition to the regular Job with the current employer
---- if you use EAD for part time job you are NOT on H1 status
 
Job on the basis of EAD

When I-140 and I-485 are pending for more than 180 days and EAD is recd, can some one take part time job based on EAD (Moon lighting) in addition to the regular H1B Job with the current employer. Will it affect I 140 and I485 results. Any effect on H1B be and I 94 valididty.
 
When I-140 and I-485 are pending for more than 180 days and EAD is recd, can some one take part time job based on EAD (Moon lighting) in addition to the regular H1B Job with the current employer.
----- Once you use EAD for part time job you will loose H1 status. Uses of EAD for part time or full time invalidate H1 status.

Will it affect I 140 and I485 results.
---- Your I-140 seems to be pending better not to use EAD, if I-140 revoked or denied your EAD, AP I-485 all will be denied and you will not be on H1 status if EAD used. Maintain H1 status
Any effect on H1B be and I 94 validity
- read above
 
EAD for Spouse

Please share your experience

Spouse is on H4 and got EAD now, if s/he start working on EAD. What happen to H4 status and travel document I94. Is it mandatory to get AP for spouse or H4 and I 94 remain valid for travel purpose.
 
Spouse is on H4 and got EAD now, if s/he starts working on EAD. What happen to H4 status and travel document I94.
---- If H4 holder uses EAD she will NOT be on H4 status she will be AOS pending, when she goes out she need to submit I-94 before departure and she will need AP to be filed IN US and approved IN USA before she departs US t0 reenter with valid AP before AP expiry date
Is it mandatory to get AP for spouse or H4 and I 94 remain valid for travel purpose.
----- If she does not use EAD and has H4 visa stamp and valid I-94 then she is on H4 status and does not need AP. if she has Valid H4 visa stamp when she enters US she can use valid H4 visa and again can enter on H4 status (even if EAD used) she will get new I-94 at POE based on H4 status and Primary H1 holder should be on H1 status at that time. If Primary H1 holder uses EAD then H1 , H4 both will be invalid and both will need AP to renter. if she uses EAD and does not have validH4 visa stamp and want to enter US then she needs AP approved in hand before she goes out of US
 
Change employer < 180 days

I read all above postings.

Please help me out from below questions.


1) Can I Change from GC employer A with pending I140, 485
(Concurrent filing in 30th Oct,2003) and <180 days to Employer
B who is Sponsoring H1. (GC Employer may response if any REF
comes on I140).

2a) Can I use in this case AC21 at employer B(ofcourse job,salary
matches same as on LC) after approved I140 and after 180
days from the 485 ND?

2b) Is it necessary that while using AC21 i have to stay with
employer A till I140 and 180 days from the date of filing of 485?

3) What are the chances that to get the REF on 140?

4) How will INS know that I have change to employer B. If they
knows what are the implications of approval of I140? (My
employer will not inform to INS or cancel H1).
(I think H1 and GC are different process in INS)

Thanks
MDK
 
Last edited by a moderator:
1) Can I Change from GC employer A with pending I140, 485
(Concurrent filing in 30th Oct,2003) and <180 days to Employer
B who is Sponsoring H1. (GC Employer may response if any REF
comes on I140).
------- It is Risky; let your I-140 get approved and I-485 pending more than 180 days. I will not take the risk of changing employer at this time
2a) Can I use in this case AC21 at employer B(ofcourse job,salary
matches same as on LC) after approved I140 and after 180
days from the 485 ND?
------ You can use AC21 if I-140 approved AND I-485 pending more than 180 days and new employer ready to give you future permanent job offer in same /similar skills
2b) Is it necessary that while using AC21 I have to stay with
employer A till I140 and 180 days from the date of filing of 485?
------- Stay till I-140 gets approved AND I-485 pending more than 180 days
3) What are the chances that to get the REF on 140?
---- Only USCIS officer knows
 
1) Can I Change from GC employer A with pending I140, 485
(Concurrent filing in 30th Oct,2003) and <180 days to Employer
B who is Sponsoring H1. (GC Employer may response if any REF
comes on I140).
------- It is Risky; let your I-140 get approved and I-485 pending more than 180 days. I will not take the risk of changing employer at this time

1).What are the risk taking this offer. Please could you give more info on what risky on this?

2).To apply AC21 employee should be working with GC Employer or any employer.

Even i change employer on H1 before approval of I140, I am using AC21 after I140 approval only.

Thanks
MDK
 
Last edited by a moderator:
1). What are the risk taking this offer. Please could you give more info on what risky on this?
----- If I-140 gets denied then EAD, AP I-485 all will get denied. Employer can revoke I-140 any time before I-140 approval, if RFE for I-140 then employer who filed I-140 has to reply RFE or the extra documents asked. if he does not reply I-140 will be denied and you will have no base for AC21 and may have to start GC process from beginning
2). To apply AC21 employee should be working with GC Employer or any employer.
---AC21 is used when you are working with different employer who has not filed LC or I-140 for you but promise a permanent future job and ready to give you letter for future job offer with same skill as on approved LC
Even I change employer on H1 before approval of I140, I am using AC21 after I140 approval only.
---- You can change employer by H1 transfer and once I-140 gets approved AND I-485 pending more than 180 days then use AC21.

Take the print out and Read the AC21 august, 2003 Memo 4-5 times and try to understand latest info for AC21:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.murthy.com/UDportme.html

** if you still dont understand go to good lawyer and seek paid legal advice
 
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