GINNU,REALCANADIAN...pls need your input for our situation

S

StressTestInUSA

Registered Users (C)
Hello both Gurus and other gurus too..

Filed for 485 on Aug 10th with LC and i140 approved from ex-employer, currently not working with that company. Once we get the EAD both me and my wife would like to use the EAD(myself to change the current employer and wife to work on EAD).

The ex employer is very co-operative and will not revoke the i140 and can give the employment letter.

My dilemma is once we start using the EAD the H1 status is lost..(btw the current H1 is approved until 2010). All the situations I have seen is people r filing 485 with the current employer and changing jobs after 180 days.In my case I am filing 485 with the ex-employer..


I know that the GC is approved based on future employment,but have you heard or come across cases where GC is approved when filed with the ex-employer...???!!!

We are waiting desperately for the EAD to break out of these chains we have right now...
 
StressTestInUSA said:
Hello both Gurus and other gurus too..

Filed for 485 on Aug 10th with LC and i140 approved from ex-employer, currently not working with that company. Once we get the EAD both me and my wife would like to use the EAD(myself to change the current employer and wife to work on EAD).

The ex employer is very co-operative and will not revoke the i140 and can give the employment letter.

My dilemma is once we start using the EAD the H1 status is lost..(btw the current H1 is approved until 2010). All the situations I have seen is people r filing 485 with the current employer and changing jobs after 180 days.In my case I am filing 485 with the ex-employer..


I know that the GC is approved based on future employment,but have you heard or come across cases where GC is approved when filed with the ex-employer...???!!!
----YES, you may be working with A on H1 and B can file LC and I-140 for you and then you file I-485 with job offer letter of B with I-485 and nothing is wrong with that.
We are waiting desperately for the EAD to break out of these chains we have right now...
Click to expand...

your post with words Future employer, Current employer, present employer confuses, better post writing I am working on H1 with A and and my wife is on ... status..
LC was filed by...
I-140 was filed by employer.....
I-485 was filed on date...
I-140 was approved or pending
I want to know .........
 
sorry for the confusion..

1. worked with company A during 2003-2005,filed labor in EB2 with PD Oct 2003, the i140 is approved. Left company A.

2.currently working with company B,got H1 extended for 3 yrs based on approved i140 of company A.

3. Filed for 485 thru employer A with employment letter etc.

Now 180 days of filing 485 will be somewhere in Feb 08. I would like to change my current employer B and also my wife(currently on H4) would like to use EAD and start working.

I have seen only cases where people file 485 when working with current employer and taking the EAD advantages. In my case I have filed my 485 thru my ex-employer A.

Have you seen/come across a case like mine and got GC approved..

hope I am clear..
thanks for your time..
 
TheRealCanadian said:
Yes. My I-485 was filed based on an I-140 approved 60 days after I ceased employment with my sponsor. If employer A gave you an employment letter you should be alright.
Click to expand...

thanks alot Canadian...

all the while I've been feeling like a fish out of a pond..

If I happen to change my job after 6 months, do I need to still get another employment-letter and use the AC21 portability...that is a whole different topic I guess as to how we go about it..I am sure I will be looking out to change my current job until the AOS takes place
 
StressTestInUSA said:
sorry for the confusion..

1. worked with company A during 2003-2005,filed labor in EB2 with PD Oct 2003, the i140 is approved. Left company A.

2.currently working with company B,got H1 extended for 3 yrs based on approved i140 of company A.

3. Filed for 485 thru employer A with employment letter etc.

Now 180 days of filing 485 will be somewhere in Feb 08.
----------------------------------------After I-485 pending hits 180 days you can change employer as you will be eligible for AC21
I would like to change my current employer B
------you can join new employer when become eligible for AC21
and also
my wife(currently on H4) would like to use EAD and start working.
------------------if she uses EAD she will NOT be on H1 status
I have seen only cases where people file 485 when working with current employer and taking the EAD advantages. In my case I have filed my 485 thru my ex-employer A.

Have you seen/come across a case like mine and got GC approved..
----------------------YES
hope I am clear..
thanks for your time..
Click to expand...
--better join new employer with H1 transfer as H1 has its own advantages if anything goes wrong with I-485
 
StressTestInUSA said:
thanks alot Canadian...

all the while I've been feeling like a fish out of a pond..

If I happen to change my job after 6 months, do I need to still get another employment-letter and use the AC21 portability...
--------------------you need to get new letter of permanent job offer with same/similar job duties from new employer to invoke AC21. you can request to invoke AC21 through YOUR lawyer or through new company lawyer
that is a whole different topic I guess as to how we go about it..
I am sure I will be looking out to change my current job until the AOS takes place
---------------------------At the time of I-485 approval you should not be looking for same/similar job you should have job offer, I-485 cant be approved without job offer letter
Click to expand...

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