employer withdraw H1B and the I-485 process

B

bugulma

Registered Users (C)
My former employer is going to withdraw my current H1b and labor certification for it, because I found another job and going to use my EAD.
They told it will not hurt my GC processing, they just don't want to have me on H1B anymore. Can someone confirm that to me?


eb3
ETA 750 RD 12/19/2001 APPROVED 5/18/2004
I-140 RD 9/27/2004 APPROVED 4/19/2005
I-485 RD 9/27/2004 PENDING
I-765 APPROVED valid up to 10/25/2006
 
It is OK as long as your I-485 is valid

Hi,

This is not a panic situation for you. Since you have already filed your I-485 and having worked with that employer for atleast 6 months then the employer does not hold any right to withdraw your I-485 unless you have filed your I-485 through the previous company lawyer. Because the previous company lawyer will follow what your previous company says. Since you have given an authority to your lawyer to send letter to INS on your behalf, sometimes lawyer send a letter to wthdraw an application on your behalf and may be you are not aware of.

I would suggest to go with your own new lawyer who can make sure that your status I-485 is still valid because sometimes the previous company do withdraw your application without your knowledge. So it is better to get it check before it is too late. I would also advise you to file AC21 for having change of an employment to let INS know that you are currently employed.

Precaution is better than cure.
 
bugulma said:
My former employer is going to withdraw my current H1b and labor certification for it, because I found another job and going to use my EAD.
They told it will not hurt my GC processing, they just don't want to have me on H1B anymore. Can someone confirm that to me?


eb3
ETA 750 RD 12/19/2001 APPROVED 5/18/2004
I-140 RD 9/27/2004 APPROVED 4/19/2005
I-485 RD 9/27/2004 PENDING
I-765 APPROVED valid up to 10/25/2006
Click to expand...

There is a form (Can't remember which one) you should fiile and mail to INS (CC to old lawyer and old employer) to withdraw your authorization to your old lawyer. You should do that ASAP.
 
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