Clarification Regarding working with Sponsoring Employer

W

wonderfulboy

Registered Users (C)
Hi All,

I need a clarification regarding working the green card sponsoring employer. In my case the labour process is initiated on May 2001 with current sponsoring employer(who is different from current working employer) when i used to work with him. Later i quit his company and working as full time employee for a different company. But since my previous employer is good enough they continued Labour, I-140/485 processes.

On December 3rd 2002 i have concurrently filed mine and my wife's I140/485/EAD/AP through previous employer who supported my GC process. i got my I-140 approved, EAD approved, AP approved(for my wife alone, i didnt apply for AP since i am on H1), FP is going to be done 27th Feb. Just waiting for 485 approval.

Now my questions are as follows:

1) Since i got EAD approved do i need to work with sponsorer(different from current employer) immediate effect?

2) If not mandatory to work immediately at what point do i need to start working for that employer? How much minimum period do i need to work with the sponsoring employer to make my process valid?

3) Suppose if i get laid off from current employer( holding my H1) can i start working using EAD or transfer H1 to another company ?

4) What if there is a period of gap (few months) before i get next job ? Will INS reject my 485 process during final interview since i have gap? Do i need to inform INS about my gap?

Please do respond to the above questions.

----------------------------------------------------
Category : EB2,Master, RIR,MD
MD : 12/03/2002
RD : 12/04/2002
ND : 01/14/2003
I-140 AD : 01/28/2003
EAD AD : 02/10/2003
AP AD: 02/11/2003
FP to done : 02/27/2003
485 AD : ???
 
1) Since i got EAD approved do i need to work with sponsorer(different from current employer) immediate effect?

ANS: Don't have to. However, You must intend to join the sponsored company upon obtaining your GC.

2) If not mandatory to work immediately at what point do i need to start working for that employer? How much minimum period do i need to work with the sponsoring employer to make my process valid?

ANS: Its a gray area. The law states that you can work for any other company in the same capacity but must intend to join/rejoin the sponsored company upon GC approval. There is no minimum period. The INS must be convinced that none of your actions were premeditated and so, the time period varies from case to case.

3) Suppose if i get laid off from current employer( holding my H1) can i start working using EAD or transfer H1 to another company ?

ANS: You can use EAD and start working rightaway. Or transfer the H1 and start working once the filing is done.

4) What if there is a period of gap (few months) before i get next job ? Will INS reject my 485 process during final interview since i have gap? Do i need to inform INS about my gap?

ANS: The gap is ok as long as you have a similar job with the similar job duties (outlined in the Labor Cert) and a comparable salary when you respond to a RFE (if issued) or if you go for a personal interview if the case is transferred to a local INS office. If the GC is approved w/o any RFE or interview, then this question does not even arise!

Good Luck!
 
Hi....

Hi Wonderfulboy and Upstate_NY,

I would like to clarify one question which Upstate_NY has answered.

1) Since i got EAD approved do i need to work with sponsorer(different from current employer) immediate effect?

ANS: Don't have to. However, You must intend to join the sponsored company upon obtaining your GC.


--- If your I-485 has been pending, without adjudication, for more than 180 days, you NEED NOT go back to your sponsoring employer. You can join ANY EMPLOYER, and intimate the same to INS. But the new job should have the same job duties and responsibilities as the one specified in the ETA 750 form. (Preferably the title and salary should be same.. but not a must).

Hope this helps.

Thanks,
 
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