Changing jobs on EAD after 6 months

I

importal_user

Registered Users (C)
Hello,

I'm a Canadian on an H1-B...I-140 has been approved and I-485 is pending. I went for fingerprinting in Aug'07 and recently got the EAD card as well. My Receipt Date is June 22,07...since I'm close to the 180 day mark, I was wondering if anyone could help me out ---

1. If I change jobs, does my new employer need to file anything with the INS? Does a job letter stating my duties/salary need to be sent? Do I need to provide anything?

2. What happens if I'm laid off while working on the EAD? Am I at risk?

3. Can there be a period between my current job and new job when I'm unemployed? For example, if I quit job #1 and then start job #2 after a one month gap. Can I do this?

4. I was on TN for 4 years..then in 2004 changed to H1-B to file the GC. Do you think I would have been better off sticking to the TN and filing the GC while I was on that visa?

5. How long do I have to stay with my employer after I get the GC? Is there any rule?

I was excited in June when all the numbers were current, but now spirits are low once again since I found out that EB-3 priority date has gone back to Oct02. :( Anyone else in my shoes??

Thanks for the help!
 
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Answers below:
1. Please sarch in this forum. I think you will require the employment letter and to inform USCIS.
2. and 3. Since you filed adjustment of status, your status is protected.
4. No - TN does not allow dual intent, that's why your H-1B was necessary. There are some exceptions though ...
5. Since all employment based GCs are for future employment, I would stick to my employer for 6 months.
 
Hello,

Thank you for the replies!

1. The reason why I ask about the risk of being laid off is this -- I read somewhere that it is not essential to inform the INS if you change jobs and start working on the EAD. So what if I change jobs, don't inform the INS about this and get laid off. In the meantime, suppose I get a RFE...I'm assuming this will cause problems? Maybe the solution is to inform the INS in any case?

2. What would happen if I didn't stay with the employer 6 months after getting the GC? Is it just a matter of chance whether they check if I'm still with the same employer or not?

3. Also, I was also wondering how similar the new job will have to be...currently I work as a database/developer analyst... does this mean I have to find a job of the same exact title where I use ALL of the skills mentioned in the Labor Cert application? Or some of the skills? Does it matter? Hypothetically, if I was offered a job of a 'Computer Systems Analyst'.. where I use some of the skills from the original application and a few other skills as well.. will this cause any problem if a job letter is requested?

Thanks again!
 
importal_user said:
In the meantime, suppose I get a RFE...I'm assuming this will cause problems? Maybe the solution is to inform the INS in any case?
Click to expand...

If you get an RFE, then you inform USCIS.

What would happen if I didn't stay with the employer 6 months after getting the GC? Is it just a matter of chance whether they check if I'm still with the same employer or not?
Click to expand...

The employer might complain.

does this mean I have to find a job of the same exact title where I use ALL of the skills mentioned in the Labor Cert application? Or some of the skills? Does it matter? Hypothetically, if I was offered a job of a 'Computer Systems Analyst'.. where I use some of the skills from the original application and a few other skills as well.. will this cause any problem if a job letter is requested?
Click to expand...

The law says "same or similar", so your hypothetical scenario appears OK.
 
in the same boat

I am exactly in the same boat. Canadian Citizen on H1b and filed for I-485. My labor was filed under "Software Engineer" 4 years ago. Since then, my responsibilities have changed to more of a Project Manager/Business Analyst. If I invoke AC21, can I accept a PM job - would it be considered in the same job classification as a software engineer? what about Business Analyst?

In either case, can I work as a PM or BA but get an appoinment letter as a Computer Systems Analyst or something so that I follow AC21 rules?

Any help would be much appreciated.
 
EB3/India
PD: Feb 2003
RD: June 26

1.In my LC the job title is QA Engineer. Can I now accept QA Manager positions? Is this considered as a similar job?
2.We don’t have a copy of our LC, is there anyother way to know the job description? It would be difficult to get it from our lawyer, as he is very finicky.
3.After invoking AC21 with a company and if decides to move to another company, do we need to invoke AC21 again?
4.If we move state to state, will our files also move from the existing service center? (eg: NSC to TSC)?

Pls advise
 
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I have a pending I-485 since July and I am in the process of mving to a new company. will be waiting for the completion of 180 days however I have couple of areas I need your help to clarify.

I work in finance and my original application was filled as a cost accountant. Now the new company is offering a higher position such as Director of finance. My attorney says even though these 2 positions seem to be similar for an AC21 transfer, she says the industry should also be same or similar? Does it really need to be the same or similar industry? Lets say if i am working in manufacturing now, can I move to a director of finance position in a software company?

Your help will be greatly appreciated.
 
suncesar said:
I have a pending I-485 since July and I am in the process of mving to a new company. will be waiting for the completion of 180 days however I have couple of areas I need your help to clarify.

I work in finance and my original application was filled as a cost accountant. Now the new company is offering a higher position such as Director of finance. My attorney says even though these 2 positions seem to be similar for an AC21 transfer, she says the industry should also be same or similar? Does it really need to be the same or similar industry? Lets say if i am working in manufacturing now, can I move to a director of finance position in a software company?

Your help will be greatly appreciated.
Click to expand...

Key is the Job decription on the Labor. If it matches with you new job then you should be OK. Industry does not matter.
 
windsorguy2005 said:
I am exactly in the same boat. Canadian Citizen on H1b and filed for I-485. My labor was filed under "Software Engineer" 4 years ago. Since then, my responsibilities have changed to more of a Project Manager/Business Analyst. If I invoke AC21, can I accept a PM job - would it be considered in the same job classification as a software engineer? what about Business Analyst?

In either case, can I work as a PM or BA but get an appoinment letter as a Computer Systems Analyst or something so that I follow AC21 rules?

Any help would be much appreciated.
Click to expand...

Hi, to play it safe...I would recommend finding a job close to the original title of the app.. ie Software Engineer. On the other hand, if your new employer is cooperative, I don't think there should be any issues if an RFE is requested and they agree to let you work as a PM and provide a letter that matches the Software Engineer job description.
 
TheRealCanadian said:
If you get an RFE, then you inform USCIS.
Click to expand...



Thank you RealCanadian! What would happen if I get the RFE at a time when I'm unemployed? I won't have any job letter to show until I get a new job so am assuming that I can get in big trouble? Just want to be sure that I'm aware of all consequences of moving forward...thank you!
 
importal_user said:
Thank you RealCanadian! What would happen if I get the RFE at a time when I'm unemployed?
Click to expand...
You'll have to get a job or job offer FAST. If you proactively send the AC21 documentation when you still are in the new job, you reduce the chances of getting an RFE about your job situation.
 
Hi Gurus,
Even I am on a similar boat.
Myself and my wife got our EADs sometime last month, filed I485 in Aug'07.
I am planning to incorporate an LLC on my wife's name and me working for the same after I finish my 6months on EAD.
And for this to happen do I need to file my H-1, to be on safe side with my new company or just sending the adjudication request to USCIS will be enough, ofcourse through a lawyer.
And my 140 is approved almost 2yrs back and I am with PD 08/01/2003.
Can any guru please comment whether this is doable or not.
Thanks in advance.
p_char.
 
p_char said:
Hi Gurus,
Even I am on a similar boat.
Myself and my wife got our EADs sometime last month, filed I485 in Aug'07.
I am planning to incorporate an LLC on my wife's name and me working for the same after I finish my 6months on EAD.
Click to expand...
USCIS won't easily believe the legitimacy and viability of a brand new company owned by a family member or yourself. That situation has "fake job" written over it in flashing lights (even if yours may be legitimate). Many people try things like that in order to sponsor a family member and work around the family-based quotas or circumvent other rules.

If it is a side job it is fine, but if it is the main job with which you plan to qualify for AC21 portability, it won't be so easy. It's not impossible though.

And for this to happen do I need to file my H-1, to be on safe side with my new company or just sending the adjudication request to USCIS will be enough, ofcourse through a lawyer.
Click to expand...
You don't send an "adjudication request", you simply send an official letter from the new employer describing the new job (along with related documents that make it easy for them to find your case, such as a copy of the I-485) so they have it on file and will hopefully see it if the former employer attempts to revoke the I-140. And if you're planning to file an H-1 with your wife's company as the employer, you have a similar hurdle to clear as described above regarding the legitimacy of the company.
 
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Hi Jackolantern,
Thanks for the prompt response.
May be I will change to other employer for some time,not mine, instead of taking chances.
Thanks again,
p_char.
 
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