Joining another company after filing for 485

N

ND0520

New Member
I filed my 485 in December 2001. My employer didn't file for my EAD card and my immigration documents are with my employers corporate attorney so I can't get them without making them suspicious. My client wants me to join them by next month and are unwilling to wait for my GC to come thru. These are some questions I have.
1. What are the legal implications if I leave my current employer and join the new company ?
2. Can I apply for my EAD separately through another attorney ? I don't have the 485 receipt with me. I only have the EAC number. Also, When they filed for my Labor my salary was high. Due to the economic situation it is lower now. If my new paystub shows this difference in salary when I file for EAD, will it matter ?
3. Will applying for EAD or having the new employer apply for a fresh H1B Visa to last me till I get my GC affect my GC processing in any way or delay it further ?

Any advice would be greatly appreciated.
 
Be careful..

Hi ND0520,

You should not have any problem in leaving your current employer and joining the new employer. But you MUST HAVE a FEW documents with you to pursue your case with the New employer.

In response to your questions --

1. What are the legal implications if I leave my current employer and join the new company ?

-- No legal hassles. You are covered by AC21 portability. Your Green card cannot be derailed by anybody now (>180 days of RD,ND) except yourself..

2. Can I apply for my EAD separately through another attorney ?

-- Yes you can apply for EAD yourself without any attorney. But you need a copy of the I-485 receipt to submit to
INS as a proof of I-485 pending.

I don't have the 485 receipt with me. I only have the EAC number.

-- A copy of the I-485 receipt is a must because it is the only proof that your I-485 is pending.

Also, When they filed for my Labor my salary was high. Due to the economic situation it is lower now.

-- Salary difference should not matter as long as it remains above the poverty line.

If my new paystub shows this difference in salary when I file for EAD, will it matter ?

-- For filing EAD, Paystubs are not required.

3. Will applying for EAD or having the new employer apply for a fresh H1B Visa to last me till I get my GC affect my GC processing in any way or delay it further ?

-- IT should not affect your GC process except that if an RFE is issued in your case for paystubs and Employment letter.

So the best option would be is that ask your employer for a copy of the I-485 recepit and the Employment letter submitted to INS at the time of filing I-485.

With those two documents, you can hire a new attorney, File for EAD yourself, and invoke AC21.

Hope this helps.

good luck..
 
Hi ND0520,

Ideally you should have got all the originals of your and your dependents' I-485 applications. If not the originals at least the copies, because I-485 is totally your application. Your past, present and future employer have no right to it per se. Except that they provide support to it through continually employing you.

Talk to your attorney, and get at least the copies of your I-485 applications. Don't tell him/her that it is for job change in case he/she is your current employer's company attorney.. Once you get these take it from there and get your EAD and use AC-21.

Hope this helps..
Thanks
 
Yes, GC_JULY_2001 and 180DaysGuy are right. Make sure you get a copy of your 485 Receipt Notice and you're good to go! You don't need a lawyer to apply for an EAD and AP. If your new employer is willing to sponsor you for an H-1, good for you, in this economy not many employers are willing to pay $1K for an H-1. Even if they don't, you can always work with them on your EAD. Best of Luck!!
 
You must log in or register to reply here.
Top