I'm changing job!!!

H

HERNESTO

Registered Users (C)
Hi,

I'm planning to change my job as soon as I get the EAD card. I applied in October 15 and so far I haven't gotten anything.I hope next month I'll get it otherwise when I get it I have to renew it )))) When this folks ))) from INS will show the processing dates for December?

Here are my ditails:

PD - October 2003
LC - Approved October 2005
I-140 - Approved May 2006
I-485 - Filed June 11 2007
AP - Approved July
EAD - Filed October 2007, my H1B expired End of September;
Reason to change jobs: I can't be cheap labor forever .Just to get the EAD card and I'm out of this sinking ship.I have the 180 days, even my resept date is June 1st., so I have everything to do the change. If I'm paid well I don't mind to wait the Green Card , is more relaxing ))))

Any inputs appreciated.

Someone asked if you have to inform INS for the change of job. The law doesn't requires that!, you may inform INS anytime you like. Me personaly I don't plan to inform them.

Happy New Year hopefully the last in getting the Green Card
 
Wait a minute ... your H1B expired, you don't have an EAD yet, and you are still working?

Someone asked if you have to inform INS for the change of job. The law doesn't requires that!, you may inform INS anytime you like. Me personaly I don't plan to inform them.
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The reason for informing them is to protect yourself if the employer attempts to revoke the I-140. If you don't proactively inform the USCIS about the job change, they will deny your I-485 if the employer asks them to revoke the I-140 (although they are supposed to send an RFE or NOID first). Unfortunately, sometimes they still deny the I-485 anyway although they previously received the AC21 notification, so informing the USCIS proactively isn't a guarantee of protection, but it can help.

So unless you are confident that the employer won't try to revoke your I-140 when you leave, you should inform USCIS of the job change.
 
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Yes, I'm still working I have pending I-765 EAD so I'm o.k. to work.Your obligation is to file on time, the fact that the camarates of INS don't do their work is another issue.
Thank you for your input regarding inform or not INS.
I see you got your GC.I'm EB3 ROW /RIR/ PD Ocotber 2003 I don't know how long I have to wait so as soon as I get my EAD I'm out of my sponsoring Company.
 
HERNESTO said:
Yes, I'm still working I have pending I-765 EAD so I'm o.k. to work. Your obligation is to file on time, the fact that the camarates of INS don't do their work is another issue.
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That is an incorrect assumption. You can work with a pending, timely filed extension of a non-immigrant status that allows employment (such as E, H, L, O and TN) but an EAD is not a non-immigrant status.
 
HERNESTO said:
Yes, I'm still working I have pending I-765 EAD so I'm o.k. to work.Your obligation is to file on time, the fact that the camarates of INS don't do their work is another issue.
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Incorrect. You need an actual approved EAD to work. Working with a pending application is allowed for other status such as H-1 or L-1, but those only allow working when there is a pending extension or change, not a brand new application.

Stop working before you accumulate 180 days out of status (which could cause your I-485 to be denied, or you to be deemed inadmissible at a port of entry upon returning from overseas travel).

Once it has been over 90 days since applying for the EAD, you can make an Infopass appointment to get them to expedite it.
 
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Jackolantern said:
Stop working before you accumulate 180 days out of status (which could cause your I-485 to be denied, or you to be deemed inadmissible at a port of entry upon returning from overseas travel).
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Unauthorized employment is not illegal presence, therefore there is no danger of triggering the 3/10 year bars. You are absolutely correct, however, that >180 days of unauthorized employment will lead to the denial of the I-485.
 
So you are telling me that after 180 days if I haven't gotten the EAD card to stop working? My H1B expired Sept. 30/2007 I filed EAD on time but nothing yet.So I can work from October 1/2007 until March 31/2008 and if I don't have EAD should stop.
How the INS will know if I work or not?.
 
Question again.
On the EAD card what date they will put when approved - October 1st 2007 or the date they approved it? Is valid for one year right?
 
Seems that you are confused about 180 days rule.
Not to scare you but to caution, if in case any RFE is sent to you about your legal status, USCIS will find out that from Sept 30, 2007 to your EAD approval date you didn't had work authorization and they could get info from your W2 that you did earn income during this period, then you could be in trouble. There is chance that RFE could come on your current EAD application as they will know that your H1 is already expired.

HERNESTO said:
So you are telling me that after 180 days if I haven't gotten the EAD card to stop working? My H1B expired Sept. 30/2007 I filed EAD on time but nothing yet.So I can work from October 1/2007 until March 31/2008 and if I don't have EAD should stop.
How the INS will know if I work or not?.
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TheRealCanadian said:
Unauthorized employment is not illegal presence, therefore there is no danger of triggering the 3/10 year bars.
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I didn't say anything about 3 or 10 year bans. They could deny entry based on those 180+ days out of status, especially if those days were after the most recent entry.
 
I understand the 180 days rule.
You are talking that is detrimental to work more than 180 days if you don't have employment autorization but you are in status I-485 pending.
 
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