Experts please help: Change of Employer before 180 days

pat kongara

Registered Users (C)
Hi Guys,

      I have filed my 485 in August 2001, I got my EAD, AP in Oct and FP done in Dec. I got laid off in AUGUST after I filed my 485 from the client site, My Employer asked me to take the Vacation and took the vacation letter from me in August, I was on bench since 4 months without pay. Till last month my Employer he didn’t say anything and he told me he would continue my GC, This Month last week he send me a letter saying he was terminating my Employment and H1 from August, Also he told me he would continue my GC and he asked me to file another H1 with other Employer, He was also telling, he could give the letter if I change the company. I have some of the following questions and I need Help from you Guys.

1.Can I change the company before 180 days?, If I change the Company
  Before 180 days will it Effect anything to my GC?
2.Can I work on EAD without H1 at New Employer if my current Employer
  terminates my H1 or Do I need to file the new H1 with new Employer?
3.Can I wait until 180 days and change the Employer, if I do like this,
  will it effect anything to the status, if my current Employer terminates
  my H1?

If Anybody has this kind of Experience or Any help in this regard will be highly appreciated.

Thanks
Pat.
 
No Title

>>1.Can I change the company before 180 days?, If I change the Company
>> Before 180 days will it Effect anything to my GC?

The AC21 only states that if your 485 has NOT been adjudicated for more than 180 days then your employer change is OK.
I doubt whether 485 can be adjudicated in that time. Again GC is
for future employment. You are lucky that your ex-employer is willing to continue your GC and give documentation for that.
You can probably work for a new employer without any problems.

>>2.Can I work on EAD without H1 at New Employer if my current Employer
  >>terminates my H1 or Do I need to file the new H1 with new Employer?

I think you can use EAD as it is connected to your pending 485.
You may not need an H1.
 
>3.Can I wait until 180 days and change the Employer, if I do like this,
 > will it effect anything to the status, if my current Employer terminates
 > my H1?

Not sure.

Pls note that I am not an immigration attorney and what I stated
above should not be construed as professional advice!
Pls consult an immigration professional.
 
Top