Changing to a different company

H

hannash

Registered Users (C)
Hi there,

I have filed for change of status over a year after my application has been approved and got my EAD from around 6 month. I have a good offer now from another company and willing to take it. Although I asked my lawyer and his answer it should be okay as long I submit to the INS the new employment letter, I just need another opinion on this. This took forever to reach this stage and I don't want to cause anything to jeopardize it.

Thank you,

Hannash
 
hannash said:
Hi there,

I have filed for change of status over a year after my application has been approved
------explain what do you mean by change of status.
and got my EAD from around 6 month. I have a good offer now from another company and willing to take it. Although I asked my lawyer and his answer it should be okay as long I submit to the INS the new employment letter, I just need another opinion on this. This took forever to reach this stage and I don't want to cause anything to jeopardize it.

Thank you,

Hannash
Click to expand...

need info:
are you on H1 of employer A and want to join B? if on H1 status till what date your H1 is valid?
I-140 approved or pending?
I-485 pending more than 180 days?
 
ginnu

Sorry for the confusion, for the change of status I meant the I-485 was approved, the I-140 was approved too. got finger printed and before six month got the EAD which is valid for july 2010.

Thank you,
 
Ginnu,

let me explain more because even me I don't know at what stage my situation at, my lawyer don't talk to anyone and only his legal assistants are handling the cases and they don't say much either. All what I can say is by july os 2008 after the I140 got approved I filed for I-485 and another 3 applications one of them is travel documents or advanced perole to travel. I received after that a form to do the finger prints and 3 month after that I got the EAD. Hope this will give you a better idea.

I don't have much knowledge in immgration as I left the matter since the start to the lawyer and as I said they don't say much. The only way of us talking is through emails.

Thank you,

Hannash
 
hannash said:
ginnu

Sorry for the confusion, for the change of status I meant the I-485 was approved,
---if I-485 was approved then you are green Card holder.
what is the problem??

the I-140 was approved too. got finger printed and before six month got the EAD which is valid for july 2010.

Thank you,
Click to expand...

------------
 
hannash said:
Ginnu,

let me explain more because even me I don't know at what stage my situation at, my lawyer don't talk to anyone and only his legal assistants are handling the cases and they don't say much either.

All what I can say is by july os 2008 after the I140 got approved I filed for I-485 and another 3 applications one of them is travel documents or advanced perole to travel. I received after that a form to do the finger prints and 3 month after that I got the EAD. Hope this will give you a better idea.

I don't have much knowledge in immgration as I left the matter since the start to the lawyer and as I said they don't say much. The only way of us talking is through emails.

Thank you,

Hannash
Click to expand...
from you above post it seems:
your I-140 that was filed for you by employer was approved and then you filed I-485, EAD (with form I-765) and Advance Parole with form I-131. you got EAD in hand.

you filed I-485 in July 2008? Do you have I-485 filing reciept with you? if you dont have get it from Lawyer. ask the lawyer to send you Your I-485 filing reciept.
Are you sure your I-140 is approved?
are you on H1 status? till what date is your H1 status valid or till what date is your I-94 valid.
Have you used EAD for work?
What you want to do now. try to provide the full info if you know or I am missing something.
 
ginnu said:
from you above post it seems:
your I-140 that was filed for you by employer was approved and then you filed I-485, EAD (with form I-765) and Advance Parole with form I-131. you got EAD in hand.

you filed I-485 in July 2008? Do you have I-485 filing reciept with you? if you dont have get it from Lawyer. ask the lawyer to send you Your I-485 filing reciept.

Yes I do, I did a search on it and checked the status and this what I got;

Receipt Number: src081325xxxx

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: This case has been sent for a standard interview.

On November 13, 2008, we transferred this case to our NATIONAL BENEFITS CENTER location to conduct the interview that is a standard part of processing this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. You will be sent a notice when the interview is scheduled, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

Are you sure your I-140 is approved?

Yes my I-140 is approved and I have a notice of that

are you on H1 status? till what date is your H1 status valid or till what date is your I-94 valid.

According to my lawyer, I will go by the EAD now, don't need to renew the H1 although it is valid for 2010
Have you used EAD for work?

I am still working for the same company that employed me from the start but they have a copy of my EAD.
What you want to do now. try to provide the full info if you know or I am missing something.
Click to expand...

Thanks and Regards,

Hannash
 
hannash said:
Thanks and Regards,

Hannash
Click to expand...

Your lawyer gave you wrong info. Your I-485 is not pending more than 180 days and at this time you are not eligible for AC21. Count the 180 days from I-485 filing receipt date and then you will be eligible for AC21. If you move now and use EAD and if present employer revokes your I-140 then your I-485 will be denied and EAD will be invalid and you will not have any status in US. Stick with present employer till your pending I-485 hits 180 days and then let new employer file H1 transfer for you and join only after you get H1 transfer filing reciept. when join new employer then file request for AC21 with USCIS.
 
Thank you ginnu,

This is the problem with my lawyer and I am dealing with legal assistants who got little knowledge and the lawyer don't respond directly to enquiries. One legal assistant could have ruined my life back in 2003 with a mistake she did and got stuck in the Canadian borders for a month till a Canadian lawyer cleared my case with the INS and re-entered again.

Thanks again for clearing this matter.

Regards,
 
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