Do i need to inform USCIS about joining the sposoring FUTURE employer ?

D

dhirendra_sh

Registered Users (C)
Hi ,

I filed I-485 in May/2007 based on I-140 (EB2 , May 2001 PD) approval in March/2007 through FUTURE employer.

I am planning to join the FUTURE employer any time now (less than 180 days since I-485 Notice Date)

Questions :

1). Do i need to inform USCIS in writing ?

2). Is AC21 applicable in this scenarion ?

3). Should i wait until 180 days after the I-485 Notice Date before joining the FUTURE sponsoring employer ?

4). Can the EXISTING employer do anything bad ( I am on 8th year H1-B extension thru the EXISTING employer ) ?

Thanks,
 
Last edited by a moderator:
You can join your GC sponsoring employer immediately. There is no need to inform USCIS.
Since you are joining the GC sponsoring employer, AC21 is not applicable in this scenario.
 
Thanks Dallas03096 ,

Can the EXISTING employer do anything bad ( I am on 8th year H1-B extension thru the EXISTING employer ) ?
 
When i file my I-485, i was not with the sponsoring employer. later i joined the GC sponsoring company.

I checked with the lawyer, they said i am coming to the board, in this case we dont have to inform to them.

Incase USCIS want to check when the case Adjuducating, they can send an RFE.

That is what i did.

Tnx
Vasu
 
dhirendra_sh said:
Thanks Dallas03096 ,

Can the EXISTING employer do anything bad ( I am on 8th year H1-B extension thru the EXISTING employer ) ?
Click to expand...

You can join your GC sponsoring employer using H1B transfer or EAD.
Do not understand your apprehension that your current employer may do anything bad.
Just make sure you are not violating any non-compete agreements you might have signed with your current employer!
 
Just make sure that you have a valid status when you move to the new company. For example either you have a H1B or and EAD.

With something like this I think it's worth spending for a lawyer.

Good luck
 
I HAVE A QUESTION,

1. Once we get EAD from the sponsoring employer on future employment, how soon we have to join the company.

- can we join anytime

- do we have to join once EAD is approved.

- can i join for 6 months after ead approval and change the job.

Please answer
 
Zooni,

This is getting complicated.

If you get an EAD this is just an employment authorization document, nothing more. You are not forced to use it.

You can join the sponsoring company at any time as long as you join with a valid status either EAD or H1B transfer.

Now if company XYZ is sponsoring your green card application, i.e. future employment you could use your EAD to move to that company and stay with them till you got your GC approved and then you would be in the same position of showing your intent was to work for that company.

When you say "can i join for 6 months after ead approval and change the job". I assume you are talking about AC21 transfer. I believe that this comes into play 180 days after i485 application, but I don't know how it would look if you weren't working for the company joined two days before the 180 days were up and then left three days afterwards. The 6 months rule has nothing to do with the EAD.

Remember with all of this the USCIS can ask for employment verification letters and proof of intent of you working for company XYZ. This is true for both getting your green card and later down the line in getting naturalised.

Again I would say when there is something slightly off the norm it's worth talking to a lawyer. Spread the money of the consulation over the time you'll spend in the states and it's not significant.

All of this is just my thoughts.

Good luck.
 
Thanks rav_oranges for your valuable information.

If a person joins sponsoring employer (GC applied for future employment) on EAD, do USCIS know what company I am using the EAD for.

Please answer.
 
ZOONI said:
Thanks rav_oranges for your valuable information.

If a person joins sponsoring employer (GC applied for future employment) on EAD, do USCIS know what company I am using the EAD for.

Please answer.
Click to expand...

I would believe so. When you join a company, I think that the company has to verify your immigrant status, if you are using an EAD then they would make a copy of that and file that.

I know that when I started work, they took a copy of my H1 visa and when you start work on an EAD you are supposed to tell them to make a note of that fact.

Please note that I haven't ever used my EAD card and so this is just my understanding of what I have read.

I would definitely verify the above as I might be completely wrong, though it's my best understanding.
 
Thanks everyone for their valueable comments !

Dallas03096,
My apprehension regarding my CURRENT employer was based on another person's problem on this forum which i read a few days ago.

This person said that he changed employer using AC21 after 300 days of filing I-485. His I-485 got denied because the sponsoring employer withdrew I-140 without informing him and he did not inform USCIS about employment change and USCIS sent RFE to the sponsor company's lawyer who did not inform him.

In my case, I am planning to join the sponsoring company so my situation is different.

I was apprehensive, since I am an 8th Year H1-B extension and my extension is based on my CURRENT employer's green card processing (EB3 labor got approved in May/2007 - I-140 and I-485 NOT filed thru CURRENT employer )
I was wondering, if my CURRENT employer writes to USCIS that this person is not longer with us, then what could be the potential fallout on my GC processing and use of EAD.

Thanks to everyone once again .
 
dhirendra_sh said:
I was apprehensive, since I am an 8th Year H1-B extension and my extension is based on my CURRENT employer's green card processing (EB3 labor got approved in May/2007 - I-140 and I-485 NOT filed thru CURRENT employer )
I was wondering, if my CURRENT employer writes to USCIS that this person is not longer with us, then what could be the potential fallout on my GC processing and use of EAD.
Click to expand...
Your current employer's action will have no impact on you since you are joining the GC Sponsoring employer. Do not worry too much!
 
Thanks rav_oranges.

On ead, can we work for 2 companies (One being future sponsoring employer).
 
An ead to my understanding is an employment document. You can work for whoever you like and for however many companies you like. The 'intent' will be that you will be working for the sponsoring company after the GC is approved and by working for them now you are still showing that intent.

Once you start using your EAD, your H1 is cancelled, you have to make a decision whether you want to do that.

Again this is my view and I'm not a lawyer.
 
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