Job change on EAD / what is the worst case ?

D

d_wong

Registered Users (C)
Hi guys,
My i-140/485 was filed sometimes in july (company lawyer does not give any more info) but, last week we recievd the EAD.

I have a job offer from a very prestigious company
which will not do anything for the GC process/sponsorship
So I have to use th EAD to join them.
(I have not yet completed 180 days on 485 filing)

I have spent 5.5 years on H1 with this rotton consulting company
(so,H1 cannot be extended with new company)
and I am willing to risk my GC process, (as this opportunity might not last)
because I realise that it will take another 1.5-2 years for the GC.
Here's what I am going to do.
1)give 15 day notice to present employer.
2)start working on the new job

My consulting comapny will do this:
1)as soon as my last day is over, they will instruct the lawyer to withdraw
I-140/485
2)lawyer in turn will instruct USCIS.
3)USCIS will "officially" send me a letter that my I-140/485 has been withdrawn and I have to leave the country.
4)can I appeal at this stage ? (with the help of another lawyer)

my questions are
1)Does my EAD "automatically" expire as soon as I leave my existing company ? OR
2)Do I have to get the "official 140/485 denial" letter from the USCIS to understand that the EAD is expired ?
IF so, show much time do I have to work on the EAD ?
i.e. How long will it take for the turnaround for USCIS to "officially"
inform me that I am no longer in status ?

In that case I will file an appeal (will give me some more time)
How long does USCIS (or its agency) take to decide on the appeal ?

The reason that I am asking this is because I have to somehow spend 1 year with this new company,after which I am eligible for a transfer so I will ask for a transfer to one of the overseas offices.
(they have offices in London,singapore,tokyo)


I will appreciate any response.

d_wong
 
There are no replies..

If the employer decides to withdraw I-140/485 application and informs the same to USCIS,and USCIS denies the petition.
But the employer / lawyer did not communicate the decision to the employee,
How will the employee find out that he is out of status ?
Will the USCIS atleast inform the beneficiary of the petition (i.e. employee)
That the petition has been withdrawn..

Can someone answer this please ?

d_wong
 
d_wong said:
Hi guys,
My i-140/485 was filed sometimes in july (company lawyer does not give any more info) but, last week we recievd the EAD.

I have a job offer from a very prestigious company
which will not do anything for the GC process/sponsorship
So I have to use th EAD to join them.
(I have not yet completed 180 days on 485 filing)

I have spent 5.5 years on H1 with this rotton consulting company
(so,H1 cannot be extended with new company)
and I am willing to risk my GC process, (as this opportunity might not last)
because I realise that it will take another 1.5-2 years for the GC.
Here's what I am going to do.
1)give 15 day notice to present employer.
2)start working on the new job

My consulting comapny will do this:
1)as soon as my last day is over, they will instruct the lawyer to withdraw
I-140/485
2)lawyer in turn will instruct USCIS.
3)USCIS will "officially" send me a letter that my I-140/485 has been withdrawn and I have to leave the country.
4)can I appeal at this stage ? (with the help of another lawyer)

my questions are
1)Does my EAD "automatically" expire as soon as I leave my existing company ? OR
2)Do I have to get the "official 140/485 denial" letter from the USCIS to understand that the EAD is expired ?
IF so, show much time do I have to work on the EAD ?
i.e. How long will it take for the turnaround for USCIS to "officially"
inform me that I am no longer in status ?

In that case I will file an appeal (will give me some more time)
How long does USCIS (or its agency) take to decide on the appeal ?

The reason that I am asking this is because I have to somehow spend 1 year with this new company,after which I am eligible for a transfer so I will ask for a transfer to one of the overseas offices.
(they have offices in London,singapore,tokyo)


I will appreciate any response.

d_wong
Click to expand...


First thing I need to know is if your i140 has been approved already. But this will not really matter because your i485 has not been pending for 180 days or more. You are not protected by the AC21 rule.

If your previous employer informs USCIS that you no longer work for them and cancel the i140 petition, USCIS will outright deny your i140 and i485 and your EAD will be invalid immediately. When USCIS deny your i485, you cannot file a motion to reopen or reconsider because you are not entitled to AC21 rule. I suggest that you wait for your i140 to be approved and 180 days or more after filing of i485 to be safe. I was somehow in a similar situation but the difference is my i140 has been approved already and my i485 has been pending for more than 180 days before i transferred to a new job. USCIS revoked my i140 when my previous employer informed them and denied all i485 applications. Since i am protected my ac21 rule, i filed Motion to reopen and it was approved. I am now awaiting for interview scheduling.

Goodluck.
 
Thank you Acc918,
for your quick reply.
1)No. I-140 is not yet approved
2)If the employer / lawyer do not inform me that they have withdrwn the I-140 , will the USCIS inform me that it has been denied ?
In other words, how will I come to know about my status ?

Lawyer has not given me any reciepts / WAC-numbers..

d_wong
 
d_wong said:
Thank you Acc918,
for your quick reply.
1)No. I-140 is not yet approved
2)If the employer / lawyer do not inform me that they have withdrwn the I-140 , will the USCIS inform me that it has been denied ?
In other words, how will I come to know about my status ?

Lawyer has not given me any reciepts / WAC-numbers..

d_wong
Click to expand...


d-wong:

You should receive a notice from USCIS that your i485 has been denied due to the revocation of the underlying i140 petition. How come you don't have WAC#s? You should ask your lawyer to give you this? Don't you have copies of all the Notices from USCIS that they received your application? Ask your lawyer, you paid for this.
 
I had asked for the Labor Certification application number when I was in that stage.That time I had got a reply "LC belongs to the company. So we cannot give you that information"
This time I did not dare to ask.
All I have is a letter for a lawyer dated saying "me have filed blah blah blah on your behalf at blah blah"

But you have made me bolder.I'll ask them to give me the reciepts.
Should I ask for I-140 / 485 reciepts or anything else ?

regards
d_wong
 
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