H1B Transfer and 485 Pending

T

tictac75

Registered Users (C)
I am on 7th year extension on H1B with company A applied with same company A for labor, I140 and 485.
Labor & I140 approved, 485 applied in August 2007 - got receipt & FP notice.
At this stage can i join any other company B as a full time employee, do H1 transfer with company B and still continue
with company A for GC process ?
I cannot use my EAD as my spouse has h4 visa & she is not added for 485 yet (as my dates are not current - mine
is 2006 Jan )
what are pros & cons ?
Can anyone please shower some light ?
 
Yes you can and that won't require AC21. GC is for future employment - and as long as you satisfy all the conditions for the GC ou should be okay.
 
I am in the same boat as you are, and as of now, I believe that even though you've not completed 180 days since you filed for AOS, you can switch jobs. However, please remember that if the USCIS asks you to prove that the intent to work in your previous company was genuine, would you be able to do that? You can do that, using the fact that GC is for future employment, but even for that you'd need to show a valid employment offer letter from the previous employer.

My 2 cents.
 
Thanks for the info.
Suppose I switch to company B & do H1B transfer as a full time employee -
Since my GC is under process thru company A - do I need to join again company A at any point before or after 485 approval ?
 
That's what you need to do at a later stage. Otherwise, wait for 180 day mark and change the GC processing to employer B by invoking AC21.
 
kapslock said:
please remember that if the USCIS asks you to prove that the intent to work in your previous company was genuine, would you be able to do that? You can do that, using the fact that GC is for future employment, but even for that you'd need to show a valid employment offer letter from the previous employer.

My 2 cents.
Click to expand...

No you do not have to show a valid employment offer letter from the previous employer.
Intent to work just forget it.

If they do not revoke I-140 upto 180 days you are fine.
 
tammy2 said:
No you do not have to show a valid employment offer letter from the previous employer.
Intent to work just forget it.

If they do not revoke I-140 upto 180 days you are fine.
Click to expand...


Tammy, the Aytes Memo, Q#10 deals with this topic, and specifies that one can change employer within 180 days of filing for AOS, and the field officers can not deny his petition on that basis, but the field officers should ascertain that the intent of the employer to employ the employee and the intent of employee to engage in employment with the employer should be genuine.

If he does not get laid off within 180 days, how would he prove his intent to work for his previous employer?

I do agree though that the previous employer cannot withdraw the I-140 petition after 180 days, but what if the previous employer complains to USCIS about fraud (no intention to work for the sponsoring employer), after 180 days?
 
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