H1 vs EAD - experts please URGENT

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drrsbr

Registered Users (C)
HI Experts,

Please advice me on my below situation.

My wife got job in different state (far away from me) and working on EAD though she had fresh H1. My employer filed I485 in July 2007. Due to my present situation, i have to move to her location. So, i got one job with other employer but they are asking me to come or their payroll. They are OK for H1 or EAD. But the problem is, When i informed to my present employer, he is telling we have to inform USCIS and we will revoke I140. Then i got scared and i am in big confusion.

1. Is that going to big problem for me. Does this harm my whole GC process.

2. What kind of documents are required for H1 filings with new employer with new employer and what documents required for EAD with respect to AC21. (For both things i think i need to use AC21 portability)

Please advice me on my situation. I need to decide this by monday morning.

PD 09/2006
I140 AD 20th Aug 2007
I 485 RD 2nd July 2007
 
1. No. Since your I-140 is approved, and I-485 pending 180 days, your current sponsor can do nothing to you.

2. They make a new H1 petition for ypu, and provide proof of your previous one. You need show nothing for EAD, other than EAD.

You really have nothing to worry about.
 
nelsona said:
1. No. Since your I-140 is approved, and I-485 pending 180 days, your current sponsor can do nothing to you.

2. They make a new H1 petition for ypu, and provide proof of your previous one. You need show nothing for EAD, other than EAD.

You really have nothing to worry about.
Click to expand...

Nelson, have you used act21. Do you need to get letter from new employer after joining them.
 
Thank you for your information.
So, there won't be any problem even if i go on EAD. Please suggest.
As per my current employer, he is going to revoke my I140. I think, in future i am going to get NOID (I know this from couple of other threads).
 
I was myself in the same situation and have been with new employer for the last 2 months. I am waiting for my H1b transfer completion. It was filed on Dec 20th, 2007. I haven't invoked AC21 yet.
Below are details
PD 12/2002
EB3 I140 approved 08/2006
I485 RD 06/2007
switched to new employer 12/20/2007

Having an H1b or EAD is your choice but switching to new employer should not be of any concern. Go ahead with no worries.
 
Now that is new to me about informing INS. I guess I need to check it with my lawyer. But I doubt if it was. Is there something that asks you to inform USCIS about pending H1B
 
There is no need to infomr USCIS of pending I-485 in this matter. You likley included your A#, which allows them to search their databases. Even if you didn't, I-485 matters not.

The only thing that would interest them is, if requesting 7-th year or greater expension, you would need to give info about I-140, not I-485.
 
This happened to my wife. Our GC is applied via her employment. After 20 months of I-485 application, she decided to join a new company as it is a much better job.
The old employer (a goddamned desi company) threatened to revoke the I-140 and I-485 unless she went back to them. (Yeah, it's a consulting company).
So I walked into the place and met the CEO (nice title he gave himself). I told him to go ahead with the revocation of the 140 and 485. In turn, I promised to inform the UCSIS, department of labor and any other agencies about his hiring and business practices, his visa sponsorship guidelines etc.
I simply told him that I would make sure that his company would be shut down and that he would end up in jail for fraud, unethical business practices and the such.
His face was a sight to behold! I wish I'd taken a camera.
None of these employers would actually harm you by revoking any of your applications. This would harm them as well. They're bluffing.
And quit being so scared silly, like schoolboys in front of a principal with a cane in hand.
 
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