I485Pending-Change Employer and Greencard Sponsor

[cha_123]

Hi,

I got married after filing for my I485. My finger prints are done.
My employer has not yet applied for my EAD. My wife arrived
recently on H4 and I would now like to change
employer.

Since my employer has not yet filed for my EAD, can I change
employers by transferring my H1?
When is the earliest I can change employers?
Can my new employer file for my EAD?
What other measures would I need to take to ensure that my GC processing is not put into jeopardy?
If my H1 can gets transferred, do I need to make any changes to my wife's H4 so that she can remain in status?
Can my current employer cause any trouble if they choose to? If so what safety measure can I take in advance?

I am currently on my 8th year of H1B which expires
after two years. My EB3 green card application
priority date is Oct 2003. My I140 has been approved
more than three months ago. I applied for my I485
on Aug11 2007. My finger prints were done on October
23rd.

Thanks in advance,
Cha

 

[banta4gc]

Dude......U are in some dream world....

I-485 belongs to you and you alone....and is really filed by you (in true sense)....You just need 1 letter from your employer - an EVL (Employment Verification Letter) document from your employer - to file your petition to adjust status (I485)....that's it...(TRADITIONALLY EMPLOYER LAWYERS FILE IT ON YOUR BEHALF....but it's your application and it only means that you asked your lawyers to file it on your behalf....)

Your employer cannot file for your EAD...You have to file for your EAD....unless it's a big company and they volunteer to file on your behalf for FREE....

If you want EAD - you just need proof of I-485 filing ...i.e I-485 Receipt Notice....and you can file Form I-765 for EAD by yourself.......EAD is your privilege as a I-485 applicant.....

If you want to change employers, you can choose the provision of AC21 law....If your new job is same or similar - you can use port your existing GC to new employer.....Google for AC21 and Michael Yates for further info.....on AC21 law...

 

[StressTestInUSA]

Hi,

I got married after filing for my I485. My finger prints are done.
My employer has not yet applied for my EAD. My wife arrived
recently on H4 and I would now like to change
employer.

Since my employer has not yet filed for my EAD, can I change
employers by transferring my H1?
When is the earliest I can change employers?
Can my new employer file for my EAD?
What other measures would I need to take to ensure that my GC processing is not put into jeopardy?
If my H1 can gets transferred, do I need to make any changes to my wife's H4 so that she can remain in status?
Can my current employer cause any trouble if they choose to? If so what safety measure can I take in advance?

I am currently on my 8th year of H1B which expires
after two years. My EB3 green card application
priority date is Oct 2003. My I140 has been approved
more than three months ago. I applied for my I485
on Aug11 2007. My finger prints were done on October
23rd.

Thanks in advance,
Cha

u can file your wife's only when your PD is current.

to keep her H4 status u need to be on H1 only,so there is no point in filing for
EAD and use AC21

on second thoughts,change to new employer,file new LC in EB2,FILE 140 and try to port Oct 2003 EB3 date to EB2 category(that is if u r from a retrogressed country quota)..the 2nd i140 needs to be approved too..so its a looong way,but u need to start somewhere to get started...

 

[manwithnoname]

1. Since my employer has not yet filed for my EAD, can I change
employers by transferring my H1?

Yes. Filing EAD is of no significance as long as you maintain H-1B

2. When is the earliest I can change employers?

180 days from the receipt date as on I-485 receipt notice. this alows you to change employer under AC21 criteria.

3. Can my new employer file for my EAD?

You will be filing for your EAD.

4. What other measures would I need to take to ensure that my GC processing is not put into jeopardy?

Please ensure that the new job is similar to the existing one. Also, maintain H-1B and include your wife in your I-485 application as soon as your PD become current again.

5. If my H1 can gets transferred, do I need to make any changes to my wife's H4 so that she can remain in status?

If her H-4 remains valid then you are okay. However, it remains your responsibility to extend her status before expiry of the current I-94.

6. Can my current employer cause any trouble if they choose to? If so what safety measure can I take in advance?

They can revoke the I-140 at the most but that wont hav any effect as long as you stick to tem till 180 days.