Future Employee Labor and concurrent I-140 and I-485 Job Change

[econnect]

I work for Company A
Company B has filed I-140 and I-485 recently with name change on pre-approved labor (as a future employee)

Now my questions are

A. Do I need to work for Company B which has filed my I-140 and I-485 after I get EAD(I-485) approval
B. If I need to work for Company B after EAD(I-485) approval, how long do I need to work for Company B before I take up other job
C. Can I shift my job from Company A to Company C while my I-140/EAD(I-485) approval is pending.

 

[jish]

Future Job Offer

I was exactly in the same boat as yours although i didn't have the luxury of pre-approved labor. Technically or by books you have to work with your GC sponsoring after 485 is approved for an "unlimited or unspecified" period. I have read in many forums and also my attorney advised that 6 mos to an year is safe enough.

Answers:
A . Didn't get ur question is it ead approval or 485 approval (if ead , not neccesary, if 485 approval then a big YES.).
B. Again for 485 approval , 6mos to an year (as far i know).
C. yes you can but you have to prove USCIS that ur final intention is to work for Employer B after 485 approval.
Also u gotta make sure that ur sponsoring employer is in good terms with you. In midstream if he revokes ur 140 petition, then ur EAD will get invalid.

I started working for my GC sponsored employer soon after my 140 was approved and still continuing with him for past 9 mos.But before that with an unapproved 140 and approved EAD i worked for another employer too.
Also you might want to look at various grey ares in AC-21 provisions too before you take any step.

---------------------------------
Disclaimer
Not a legal expert, whe in doubt always consult an attroney.

 

[econnect]

This is what Company B has said to me when I asked do I need to work for Company B

u need to quit your permanent job oonce u get your ead and has to
start working with company B, until your green card get processed so you
have 2 or 3 more months to look for a contract joib you cannot take
permanent offer and you cannot work full time with other company once you
get your ead you got to do work any contract or opening with our company
only so look for a contracting job from now and once you get your ead you
can shift to company B, so we have lot of client we can look for it
for a job and and you have time to to look for a jobs so wait untikl 1 month
then only look for some contracting postion not a permenant offer.

 

[jish]

Future job offer

I quite didn't get the entire thing.
Anyway, it seems ur gc sponsorer is trying to bully u.Its not neccessary to work for him after EAD approval.
My gc sponsorer tried some tricks with me after ead approval, but i gave him some lame excuses and only joined after 140 approval .
Try to convince him to work for him only after 140 approval, its much safer.

 

[jish]

You don't need to ever work for company b.

At the time of filing 485 you have to have the intention of working for b upon greencard approval.

Even then "That would be treated as fraud if any time in future USCIS DISCOVERS OR EMPLOYER complains to USCIS".
Since he has never worked for the sponsored employer AC-21 rule doesn't applies to him.
Note : AC-21 provisions are not in clear black and white.

Once 140 is approved and 485 has been unadjudicated for more than 180 days you can change your intention and invoke ac21 and work for another employer upon approval of greencard. (note this is becoming difficult to do as uscis has started to process concurrently).

See below memo. page 5 paragraph 1.

http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf