is it worth the risk !!

kewlmarc

Registered Users (C)
Hi Jim/All knowledgeable ones,
I have gone thru a number of discussions on portability using AC21.
My situation is not unique and lots of other people in the forum must be in the same dilemma.
I did my concurrent filing I 140/I485 in September /2002 and I'm yet to hear anything ab't my I140 case(No rfe)
Meanwhile I got fingerprinted and get EAD in early december.
I just came out of a project and am on the lookout for a job.
Recently I got an offer from a BIG 4 company which sounds very lucrative..
Now my question to the forum is :
Q1) If I use my EAD to join a new company while I140 is pending and its been over 180 days since the I485 receipt date,
How does INS come to know I have used my EAD and I'm not on H-1.
a) If I do not inform INS and change jobs using AC21,what are the potential risks ?
b) If in the meantime ,I get an RFE in my I 140 how do I(or my lawyer) tackle that ?
c) If I get an RFE regarding job transfer intent in my I 485 how do I(or my lawyer) tackle that ?
Q2) If I were to change states (New Jersey to New York) for employment,how will it affect my I 485.Is my case prone to a local office transfer(New York waiting time for interview - 2 yrs)
Answers to the above question are eagerly awaited.
Thanks for making the effort to answer my questions.
Good luck to u all
 
Originally posted by kewlmarc
Hi Jim/All knowledgeable ones,
I have gone thru a number of discussions on portability using AC21.
My situation is not unique and lots of other people in the forum must be in the same dilemma.
I did my concurrent filing I 140/I485 in September /2002 and I'm yet to hear anything ab't my I140 case(No rfe)
Meanwhile I got fingerprinted and get EAD in early december.
I just came out of a project and am on the lookout for a job.
Recently I got an offer from a BIG 4 company which sounds very lucrative..
Now my question to the forum is :
Q1) If I use my EAD to join a new company while I140 is pending and its been over 180 days since the I485 receipt date,
How does INS come to know I have used my EAD and I'm not on H-1.
a) If I do not inform INS and change jobs using AC21,what are the potential risks ?
b) If in the meantime ,I get an RFE in my I 140 how do I(or my lawyer) tackle that ?
c) If I get an RFE regarding job transfer intent in my I 485 how do I(or my lawyer) tackle that ?
Q2) If I were to change states (New Jersey to New York) for employment,how will it affect my I 485.Is my case prone to a local office transfer(New York waiting time for interview - 2 yrs)
Answers to the above question are eagerly awaited.
Thanks for making the effort to answer my questions.
Good luck to u all

Q1) Sounds familiar
INS doesn't even know that you have an application pending, else they would have approved it by now. Just kidding, your employer has to tell them.
a) Nothing's a risk till it doesn't happen. I guess you can use the future job argument to get thru.
b) Let your lawyer worry about it. as above in a)
Q2) I 485 is an interstate highway. I mean you can work in any of the 50 states(not Canada).

Is this an immigration quiz? If yes, did i pass?
 
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