Guidance Please - Is it safe to switch employer?

H

hmmmmm

Registered Users (C)
All,

I am in the following situation and I have to make my mind by this wkend. Any guidance will be really appreciated.

SITUATION:
I am currently working for one of the BIG 5 consulting. I have received an offer from IBM global services which I really want to join. I have my I-140 approved in Aug 2004 (check signature). By guidelines of AC21 I understand that I can switch employers.

IBM initially agreed to transfer my current H1-B. But now they are saying that since you already have EAD and fits into AC21 criteria, we do not see any reasons to maintain your H1-B rather you can just join on EAD.

Now I have 2 options: either join them on EAD or say NO and may join later once GC is approved (doesn't seem likely in near future since I am in EB3).

QUESTION:
1. Do you guyz see any risk in joining on EAD instead of maintaing H1-B?

Any other tips will be highly appreciated.
 
hmmmmm said:
All,

I am in the following situation and I have to make my mind by this wkend. Any guidance will be really appreciated.

SITUATION:
I am currently working for one of the BIG 5 consulting. I have received an offer from IBM global services which I really want to join. I have my I-140 approved in Aug 2004 (check signature). By guidelines of AC21 I understand that I can switch employers.

IBM initially agreed to transfer my current H1-B. But now they are saying that since you already have EAD and fits into AC21 criteria, we do not see any reasons to maintain your H1-B rather you can just join on EAD.

Now I have 2 options: either join them on EAD or say NO and may join later once GC is approved (doesn't seem likely in near future since I am in EB3).

QUESTION:
1. Do you guyz see any risk in joining on EAD instead of maintaing H1-B?

Any other tips will be highly appreciated.
Click to expand...

There is no problem for you to join IBM global on EAD since you already worked for the GC sponsoring employer, 140 approved and 485 pending for more than 6 months.

Only thing you need to keep in mind is how good is your employer (GC sponsoring) would respond to any RFE if at all if something arises.

You can use AC21 and also be safe.

Whether to join him using EAD or stay with your current job until GC gets approved is solely your decision.

One personal advise as why you need to join from a Big 5 consulting company to IBM Global. If your consulting company is an american company, better stay with them. If I were you, wouldnt even think of any desi company.

Good Luck!
 
I don't think you can join IBM on an EAD at all. You have to use H1B and you can use AC21 to keep the I485 going. See the following.

http://immihelp.com/gc/aos/ead.html

"EAD allows the spouse to work for any company and the primary applicant for another part time job or side business without any need to file H1B visa, as long as the primary applicant keeps working for the employer who filed his/her greencard. "
 
emailraja said:
I don't think you can join IBM on an EAD at all. You have to use H1B and you can use AC21 to keep the I485 going. See the following.

http://immihelp.com/gc/aos/ead.html

"EAD allows the spouse to work for any company and the primary applicant for another part time job or side business without any need to file H1B visa, as long as the primary applicant keeps working for the employer who filed his/her greencard. "
Click to expand...

How is it related to the context of original discussion? The above text does not address AC21 (probably it was written long before AC21 introduction).
He definitely can use EAD for job change - because that's what EAD meant for.

hmmmm,
It's OK and safe to use EAD for job change. However, it's always advisable to maintain H1 status, if possible. If there is complication in your I-485 (or even in already approved I-140) , your H1 status can be useful to keep you in lawful status. I would recommand you to explain the situation to IBM attorney. Mention that you do not want to take risk and want to maintain H1 status until you receive your GC. I hope they will agree. But if they don't agree and the job offer is good, go ahead and use EAD.
 
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Thanks

Well, Thanks for ur responses 'Want GC Soon', 'emailraja' and 'pralay'. I really appreciate it.

As I said before, IBM thinks there is no need to maintain H1-B (even after expalining why it will be advisable). Whereas they said, they will file AC21 and G28 to maintain my green card application henceforth by their own attorney. Fortunately, I have photocopy of my I-140 approval notice and exact job description (email from lawyer) that was used during GC processing.

I can give them the choice of maintaining my current company lawyer (he will charge some fee though), but I think it is safer if IBM lawyer maintain the app since they will be able to respond to RFE's.

What Say?

Want_GC_Soon: FYI, I am working with DC and not going to any desi consulting. Thanks for ur advice though.
 
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hmmmmm said:
I can give them the choice of maintaining my current company lawyer (he will charge some fee though), but I think it is safer if IBM lawyer maintain the app since they will be able to respond to RFE's.

What Say?
Click to expand...

AS IBM is paying their attorney, it's better to switch to new attorney. Before switching, collect copies of all the paperworks from old attorney (LC, I-140, I-485 receipts, old I-129s for H1s).
 
If possible

- Switch job on H1 transfer if > 3 years are left on H1 ( in that case you don't invoke EAD ) & you anticipate approval in < 2 years ( i.e. you have 1 year left to file a new labor with new employer)

- File G28 along with AC21 ( switch GC to IBM )

If first option is not possible then you can start working for IBM on EAD. The only advantage I see with H1 is - you maintain dual status.

FYI

I switched on AC21 ( I was already on EAD with sponsoring employer, I let my H1 expire even if a extension was possible ) to join a big 4 employer.

The advantage in this is I still have 2 years of H1 quota left and I can very well use them if any thing at all goes wrong with my GC ( I have to go out from US to get a new VISA )

Weigh your options and decide
 
pralay said:
AS IBM is paying their attorney, it's better to switch to new attorney. Before switching, collect copies of all the paperworks from old attorney (LC, I-140, I-485 receipts, old I-129s for H1s).
Click to expand...


I tried to collect paperwork from my old attorney (Company's), but the only thing that I managed to get was photocopy of I-140 approval and 'Job Description (email from attorney)' that was used during GC processing.

I have other stuff like I-129 (approved H1-B) and I-485 receipt notices. But I DO NOT have I-140 filing paperwork and Labour Certification (RIR) paperwork. And there is NO WAY that I can get this paperwork from OLD attorney as they informed me that it is employer's petition and they can not release it to you.

Now is it advisable to switch even though I do not have these docs?
 
Switching

Guyz,

I have finally decided to join on EAD. But I have one final question before I commit to IBM.

IBM is going to file for AC21 and also G28. As I have previously mentioned, I do not have I-140 filing paperwork and LC paperwork. But I do have other paperwork (approved I-140 copy, I-485 notices, job description that was used for filing in an email from lawyer) as mentioned previously.

When should IBM be filling for AC21 and G28? Should they wait for me to join them and then file it OR can they even file when I have give 2 weeks notice to current employer?

Thanks in advance for your assistance. It is urgent for me to decide, so I would appreciate any immediate responses.
 
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