job change question

N

nikbert

Registered Users (C)
[repost to a different forum]
My 6yr H1 expired in Mar '03 and EAD expired in May 03.
My 7th year H1 extension is pending with CSC, and so is my EAD extension. (I'm based in Texas, however.)
140 approved loooong time back, waiting for 485 approval (applied Jan 2002 wac-02-081-xxxxx).

No labor as my co. applied in EB1 mnc-exec category.

My Qs are:
1. Can I change my job now? What do I need to do to change job (from H1/EAD/485/immigration status perspective)?
2. If yes, what does my new employer have to do? Like file for 7th year H1 transfer etc..?
3. If no, when can I (safely) change my job?

Will be glad to know of any previous experiences/cases similar to mine.

Thanks for any help.

TIA,

- nik.
 
nikbert,

1. Can I change my job now? What do I need to do to change job (from H1/EAD/485/immigration status perspective)?
2. If yes, what does my new employer have to do? Like file for 7th year H1 transfer etc..?

yes you can change jobs. However, either the new company needs to file for an H1 for you (not sure if they can considering you are over 6 years), or you need to get iEAD, or get EAD.


3. If no, when can I (safely) change my job?
Bah !!

Anyway, there is a full AC21 discussion thread going on here. AC21 is dicey since the guidance isn't that clear on it. But lots of people have gotten approvals,

Try and match as many of the following criteria in order of preference in your new job.
a) Job description must match
b) Salary should be equal or greater (Though there have been many exceptions, but always good)
c) Same geographical region.

Usually .. don't change jobs unless you have a compelling reason .. is what Silly man sayeth.
 
nikbert,

7-th year H-1B extension is not applicable (and most likely will be denied) because it was designed to protect people with delayed adjudication of I-140 petitions only. I say "most likely", because sometimes, in error, things happen that were not supposed to happen in a million years.

Filing for a new H-1B will probably not be possible as well, if you have used up all 6 years on the previous one already. For a new H-1B you would have to leave the country and remain abroad for one year.

EAD is the only remaining option (to continue working at the current job, too).

---

BTW, how come you have filed EB1/ME while holding an H-1B? I thought EB1/ME is for L-1's only...
 
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BM,

you can start EB1 also if you are under OR problem starts with if you are on L1 and change of job. see my comments in up_bhai's thread.

How AC21 works with L1 cases thats is not very clear.
 
Gurus, am I missing something here?

I understand EAD HAS BEEN used.
If so, H1B is invalidated...hence extension does not arise.

EAD is now expired.
Priority 1: Get renewal EAD

Then try AC21

Correct me if I am wrong, SM, BM?
 
niladri30, using your EAD invalidates your H1, that is correct. But it does not prevent you from filing a fresh H1.

However you throw 6 year extension into the gears and it gets messy .. thats what I meant.

Now his 7th year extension is pending, which means he can legally work.
 
The point about the 7th year extension is: how does one extend something that is already invalid?

Shouldn't he be getting legal opinion?
 
Thanks all for your replies.

Niladri30, I haven't used my EAD ever; always on H1 (of course, right now I can't use EAD as I'm waiting for the 2nd EAD).

Bitterman, EB1 MNC Exec is not only for L-1, afaik. And I'm afraid they might reject 7th year extension because of the reason you mentioned, in which case I've to go on unpaid leave, but till the H1 7th year extension is pending I'm working.

Getting iEAD also could be a problem as I'm in Houston. However, alibaba recently got one, so that raises hopes! 3 months will be June 4. Lets see.

On top of all this, I'm afraid that my 485 might get rejected as my company is in financial trouble. INS might (& can) say that since this co. has no money (making losses for last few years) they can not hire you...

And that's why I want to jump asap BEFORE 485 decision, assuming my reasoning is correct, AND I've a good job offer in hand where I probably can make job description match (to what?), similar (at least not lower) pay.

Only the job location is dicey, as I mentioned, my 140/485 etc is from CA, however I've all along been working in Houston, tx AND the new offer is also in Houston, however the new co. does have an office in CA.

The uncertainity is killing me :-(

Been a silent browser of this great & helpful forum. Misery loves company ;-)

Thanks again,

- nik.
 
nikbert,

Yes, uncertainty is killing most of us :)

Perhaps, you have very little to lose, provided that your current company does not generate any profit (which is one of the requirements for sponsoring companies, AFAIR) and chances are INS will find out about it one way or another.

So, you are determined to jump the ship before you-know-what hits the fan. OK, then.

Since you do not have a Labor Certification, you will be using your current job offer as a starting point for AC21. So, your new job will have to bear the same title and same description as your current job (in accordance with the job offer letter) and a similar salary (a difference up to 10% should probably be fine; less the difference, less questions will arise). The absence of Labor Certification voids a tentative requirement of "same geographical location" (MSA) for the new job, which is good.

The fact that your new employer does not have an office in CA probably means nothing, since you've been living in TX for a while (provided that you have notified INS of your TX address). Your case will be transferred to TX anyway. This will assure a call for an interview, I suppose.

Should they call you for an interview, hire a good litigator to go with you. It won't cost much (perhaps, $500), but will save you from interviewer's intimidation tactics and also will help you preparing necessary documents for the interview.

---

And good luck! ;)
 
On top of all this, I'm afraid that my 485 might get rejected as my company is in financial trouble. INS might (& can) say that since this co. has no money (making losses for last few years) they can not hire you...
Click to expand...

Do you have a stronger reason/historical precept for that statement?
 
bm, thanks. I'll wait for iEAD or H1 approval and then try & jump ship.

sm, I believe one of my colleague's 140 was rejected (again EB1).
Though I'm not really sure about the details, as he didn't care to elaborate. Possibly it was intent to reject or RFE or some such.

However rejecting 140/485 etc on the basis that the hiring co. is making losses doesn't make sense if the co. can show some plan for profitability.

But hey, what do I know, I'm just an assh*le ;-) [as fas as bcis is concerned].

thx,

- nik.
 
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