GC on PERM labor

J

jaamra

Registered Users (C)
Hi guys,

I got my labor approved thru PERM and then I filed for I-140/I-485/EAD/AP under concurrent filing with ND 08/26/05. Got mine and my wife's EAD approval status on 09/06/05. I'm waiting for any other update on I-140/I-485 applications. Also I've received Finger printing notice for Sep 13'th for myself and took an appointment for my wife's FP on Oct'27. These applications are filed at Vermont center.

The PERM labor is thru an employer whom I'm not working as of now, meaning the GC application is for future employment. My plan is to join this company once I-140 is approved to avoid any risks in I-485. Once I join this company on EAD, will my current H1B thru different employer gets void? I read there will be risk on joining new employer (who filed for GC) on EAD as if I-485 get denied then I'll have an illegal status (as I'll not be on any H1B, with assumption that all of my current H1B's will get void), so I'll be in great problem of leaving this country. Howe true is this thing? Can my current H1B with the old employer become invalid once I join the new employer using EAD?

Thanks
JaaMra
 
Yes. It is also possible that the employer cancels the h1b after you leave him/her. So you need to have a backup status with your new employer. But this is just my opinion to the best of my knowledge.
 
jaamra said:
Hi guys,

I got my labor approved thru PERM and then I filed for I-140/I-485/EAD/AP under concurrent filing with ND 08/26/05. Got mine and my wife's EAD approval status on 09/06/05. I'm waiting for any other update on I-140/I-485 applications. Also I've received Finger printing notice for Sep 13'th for myself and took an appointment for my wife's FP on Oct'27. These applications are filed at Vermont center.

The PERM labor is thru an employer whom I'm not working as of now, meaning the GC application is for future employment. My plan is to join this company once I-140 is approved to avoid any risks in I-485. Once I join this company on EAD, will my current H1B thru different employer gets void? I read there will be risk on joining new employer (who filed for GC) on EAD as if I-485 get denied then I'll have an illegal status (as I'll not be on any H1B, with assumption that all of my current H1B's will get void), so I'll be in great problem of leaving this country. Howe true is this thing? Can my current H1B with the old employer become invalid once I join the new employer using EAD?

Thanks
JaaMra
Click to expand...

If you join new employer on EAD and previous employer continue your H1-B if your I-485 is denied then you can go back to previous employer, who has your valid H1-B. There is a big misconception about going back to H1-B from EAD but this issue was discussed in one of the Murthy's chat sessions and she confirmed this.
 
Now I'm hearing two different things:
1. needgchelp says, that it is just a misconception that working on EAD will make your H1B status invalid.
2. maxblacks says, that be on H1B for the new employer and do not use EAD until unless I-485 is approved.

I think maxblacks approach is much safer, but maxblacks doesn't doing a H1B tranfer after concurrent filing will effect on the normal processing, meaning doesn't then I've to update my H1B status/job status to USCIS for my normal processing?
 
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Jaamra,

I agree, transfer of H1B with new employee is safer. However, As far as I know, chances of I 485 rejection are very less once I 140 get approved. According to me working with new employer with EAD is also not bad.

It looks that you got fast approval for EAD and FP. My case is almost similar like you
PERM : AD 08/15/05
I 140/I 485/ EAD/AP : ND 08/26/05
Still waiting for reciept of 1 140/485 . may be my attorney recieved it.

I got question, The approved PERM labor certificate was signed by my attorney. Is it ok? I believe, employer and my signatures also needed. I argued with him but he was firm; attorney's signature is sufficient.
Please help
 
Well in my case, my lawyer did get the actual PERM approval co-signed by myself and employer. That is was he told is required for I-140 filing. But I'm not very sure if only lawyer's signature is sufficient with your case.
 
e-file or paper

Jamraa - Did you file electronically or paper filing? Approvals were very quick - congratulations. did you file for EAD electronically as well?
 
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