EB3 I485 filed, I140 approved , What next?

V

vs_srini

Registered Users (C)
Guys,
I am starting this thread to deliberate on what best we can do to be in better shape after I485 filed (with an approved I140 or pending I140).
1)Whether we should stick with one employer for long wait.
2)Use EAD to switch employer after 6 months
3)Is Using EAD risky when I140 is already approved or when I140 pending.
4)If Our I1485 gets denied when we are on EAD Can we have new H1 petition ready and use it to start working again.

I think there are millions of ??? in the minds of EB3's with pending I485 who are in for a multi year wait. Can we have a discussion on the risks and advantages of EAD and CHECKLIST sort of measures we should take when we
start thinking of using EAD.
 
vs_srini said:
Guys,
I am starting this thread to deliberate on what best we can do to be in better shape after I485 filed (with an approved I140 or pending I140).
1)Whether we should stick with one employer for long wait.
--- stick with employer till I-140 approved AND I-485 pending more than 180 days
2)Use EAD to switch employer after 6 months
----- Better change employer with H1 transfer becase if any problem with I-485 you can be on on H1
3)Is Using EAD risky when I140 is already approved or when I140 pending.
----- risky when I-140 NOT approved
4)If Our I1485 gets denied when we are on EAD Can we have new H1 petition ready and use it to start working again.
----NO, once EAD is used you are not on H1 to file H1 extension you need to maintain H1 status and file H1 extensin BEFORE I-94 gets expired
I think there are millions of ??? in the minds of EB3's with pending I485 who are in for a multi year wait. Can we have a discussion on the risks and advantages of EAD and CHECKLIST sort of measures we should take when we
start thinking of using EAD.
---others will post
Click to expand...
 
Thanks ginnu for your reply.
So, do you mean that after 180 days of I485
1)We can switch employer to new employer B using H1 (if we have years remaining)
AND
2)We can continue our green card processing mentioning the new employer B as our prospective employer (after we get our GC) as our I485 remains valid
even if employer revokes I140 .
 
vs_srini said:
Thanks ginnu for your reply.

So, do you mean that after 180 days of I485
1)We can switch employer to new employer B using H1 (if we have years remaining)
-------- you the primary ( what do you mean by "WE"?) can change employer AFTER his I-140 is APPROVED AND I-485 is PENDING more than 180 days and you get new job with new employer in same/similar job duties and can use AC21, you can join new employer with EAD or by H1 transfer( I prefer H1 transfer) AND you will be also eligible to file 7th year or 8 th year H1 extension with I-485 filing reciept copy, your new employer can also file 7th year H1 extension if you provide the copy of I-485 filing reciept copy to new employer/lawyer to file 7th year H1 extension
AND
2)We can continue our green card processing mentioning the new employer B as our prospective employer (after we get our GC) as our I485 remains valid
even if employer revokes I140
------ if your past employer REVOKES I-140 then you are not eligible to use AC21. to be eligible to use AC21 you need your I-140 APPROVED and I-485 pending more than 180 days, employer CAN withdraw the pending I-140 any time before approval and can revoke the I-140 before I-485 pending has not hit the 180 days.
for more info read the below Memo 2-3 times and try to understand it:
http://www.bcis.com/images/yates.memo.8.4.03.pdf
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.ilw.com/lawyers/immigdaily/doj_news/2003,0818-I140.pdf
http://www.murthy.com/news/UDportme.html

.
Click to expand...
 
Thanks for your inputs.
Let me replace that "WE" with " a big I" :)
I have read the yats memo.
In my case I ( am the primary) already have 140 approved.
Just applied for 485.
I just need a clean checklist to switch jobs (after 180 days of 485 filing)from the GURU's who tried AC-21 and succeeded.
Thanks for your time,
Sri
 
Yes, I am in the same boat.
140 approved, just applied 485.
Is it risky to switch before I complete 180 days.
Will employer be able to withdraw 140 in this period, even after 140 approved.

Please explain in detail.
Thanks.
 
sam_reddy said:
Yes, I am in the same boat.
140 approved, just applied 485.
Is it risky to switch before I complete 180 days.
Will employer be able to withdraw 140 in this period, even after 140 approved.

Please explain in detail.

---cant you read the Memo posted in above thread????
Thanks.
Click to expand...
 
sam,
if I485 is pending for <180 days risky to switch because if employer revokes
I140 then 485 is denied and if you are on EAD status you will be out of status immediatly.
if 485 pending for > 180 days, then you are safe even if employer revokes 140 but normally there are some freak chances of 485 getting denied.
In such cases you will be OOS if on EAD.

I know this stuff, but i want the feedback from the AC-21 guru's who took that risk and there advice in general. Normally we get lot more and better jobs if we use EAD.
 
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