Labor, 140 approved, Change Employer before 485-Urgent help please

B

bhvmurthy

New Member
I have completed 7 years in this country on H1
Before working for company A, I have applied for Labor (Perm) and I 140 (EB2) through A.
After I 140 is approved, company A applied for H1 and got 3 year extension (Completed 5 year 9 months on H1 by

then). Since then,s I worked for the company A for six months.
Later on, I applied personal leave from company A, and I transfered H1 to another company B based on the H1 from

company A and started working for company B.
I extended leave for Company A for seven months citing personal reasons/job preparation.
Company B so far, did not start my green card processing and kept promising about the same.
Now, Green card processing became current, and my old company sent me supporting document and advised me for

filing for AOS.
In the mean time, my family visited my home country and got the H4 Visa issued based on my Company B

employment letter and are coming back to US in the coming week.
My ex company A came to know last week, that I am currently working for company B. I mentioned to company A, that I

am willing to comeback and was to take that Company B job as a stop gap arrangement between projects. They said

no problem and asked me to join back. Now, while keep working for company B, I am applying and trying to get a job

through A and I am likely to get job in 2-3 weeks.

Now, kindly suggest me if I want to file my I 485:
1.
a. Can I still work for company B and submit the employment offer confirmation letter got from A and state in 485

application, my current employer as company B.
b. If so, can I switch back to company A immediately after filing for AOS as I am likely to get job through A in few

weeks.
c. Follow (a) and tell company A that I can join back after getting EAD and continue to work for B till EAD is approved

(In case H1 of Company is invalid because I transferred and started working for Company B).
My ex-employer of Company A did not cancelled my H1 as they were under impression that I am still on vacation/

waiting for project.

2.
a. Join back company A and apply for 485 and mentioning company A as current employer and B as recently worked

company for six months and also A as a company I worked for six months before company B etc.
b. If this is recommeneded, is my H1 technically still valid as I joined company B based on H1 from A (company A did

not withdraw that H1 yet).

I have not visited abroad during these seven months but my family visited India and got new visa based on proof of

employemnt in company B.
-- Kindly advise me the best strategy to be adopted under these circumstances.
Thanks in advance.
 
bhvmurthy said:
I have completed 7 years in this country on H1
Before working for company A, I have applied for Labor (Perm) and I 140 (EB2) through A.
After I 140 is approved, company A applied for H1 and got 3 year extension (Completed 5 year 9 months on H1 by

then). Since then,s I worked for the company A for six months.
Later on, I applied personal leave from company A, and I transfered H1 to another company B based on the H1 from

company A and started working for company B.
I extended leave for Company A for seven months citing personal reasons/job preparation.
Company B so far, did not start my green card processing and kept promising about the same.
Now, Green card processing became current, and my old company sent me supporting document and advised me for

filing for AOS.

---------------------file the I-485, EAD
In the mean time, my family visited my home country and got the H4 Visa issued based on my Company B
employment letter and are coming back to US in the coming week.
My ex company A came to know last week, that I am currently working for company B. I mentioned to company A, that I

am willing to comeback and was to take that Company B job as a stop gap arrangement between projects. They said

no problem and asked me to join back. Now, while keep working for company B, I am applying and trying to get a job

through A and I am likely to get job in 2-3 weeks.

Now, kindly suggest me if I want to file my I 485:
1.
a. Can I still work for company B and submit the employment offer confirmation letter got from A and state in 485

application, my current employer as company B.
-----------------------------------------------YES
b. If so, can I switch back to company A immediately after filing for AOS as I am likely to get job through A in few

weeks.
-----------------------------GC is for FUTURE JOB, you can join A now or later
c. Follow (a) and tell company A that I can join back after getting EAD and continue to work for B till EAD is approved
--------------------------that is OK
(In case H1 of Company is invalid because I transferred and started working for Company B).
-------------------not a problem you have valid status and CAN file I-485
My ex-employer of Company A did not cancelled my H1 as they were under impression that I am still on vacation/

waiting for project.

2.
a. Join back company A and apply for 485 and mentioning company A as current employer and B as recently worked

company for six months and also A as a company I worked for six months before company B etc.
-----------------------that is upto you
b. If this is recommeneded, is my H1 technically still valid as I joined company B based on H1 from A (company A did

not withdraw that H1 yet).
----------------------your H1 petition of A is Valid if they did not revoke it by sending letter to USCIS and your H1 of B is also valid

I have not visited abroad during these seven months but my family visited India and got new visa based on proof of

employemnt in company B.
-----------------------if your family was in US in July then they can also file I-485 with you
-- Kindly advise me the best strategy to be adopted under these circumstances.
Thanks in advance.
Click to expand...

-------------------File the I-485 it does not matter if you are with A or B. GC is for Future job
 
Changing Employer -while I485 pending -Ginnu and Gurus please advise !

Dear Ginnu and other Gurus,

Here is my situation... my GC was filed on Aug 2002 EB3(INDIA) Category with job title "Programmer/Analyst" and some job description provided by my consulting company.

I got my 485 and 140 filed somewhere on Aug 2004.My I-140 got approved in 4 months. Since then i have been working on EAD at different client places.

While on consulting i did most of the jobs that were in Quality Assurance and few in development. Now i feel tired of consulting and would like to take some full time job.

I am getting some responses but the job title is not really matching "Programmer/Analyst". Instead the job positions are like "Software QA Engineer" , SQA Analyst" etc.... based on my past work.


1. Please let me know if it is risky to take those job offers on EAD since title and job description are not exactly the same?

2. Also if i plan to take such different job title in IT industry ... Is it a REQUIRED thing ( I believe they call it AC-21 ) that i need to notify INS about the change of job. Even if my OLD employer is okay with me switching to another company while green card is pending.

3.Some people say it is NOT required to let INS know that you have switched jobs. PLEASE CLARIFY

4.Is there any risk if i take full time job and just let my old employer and attorney know about it.What are my choices ? Please advise. This issue is realy bothering me too much and unable to take a decision in life.

I approached INS.. also opened a case status enquiry for my case as the dates are current. They say my case is struck in "Name Check Verification" and once that is completed they will be able to take a decision on my case.

You help in this regard is highly appreciated !
 
tigris said:
Dear Ginnu and other Gurus,

Here is my situation... my GC was filed on Aug 2002 EB3(INDIA) Category with job title "Programmer/Analyst" and some job description provided by my consulting company.

I got my 485 and 140 filed somewhere on Aug 2004.My I-140 got approved in 4 months. Since then i have been working on EAD at different client places.

While on consulting i did most of the jobs that were in Quality Assurance and few in development. Now i feel tired of consulting and would like to take some full time job.

I am getting some responses but the job title is not really matching "Programmer/Analyst". Instead the job positions are like "Software QA Engineer" , SQA Analyst" etc.... based on my past work.


1. Please let me know if it is risky to take those job offers on EAD since title and job description are not exactly the same?

2. Also if i plan to take such different job title in IT industry ... Is it a REQUIRED thing ( I believe they call it AC-21 ) that i need to notify INS about the change of job. Even if my OLD employer is okay with me switching to another company while green card is pending.

3.Some people say it is NOT required to let INS know that you have switched jobs. PLEASE CLARIFY

4.Is there any risk if i take full time job and just let my old employer and attorney know about it.What are my choices ? Please advise. This issue is realy bothering me too much and unable to take a decision in life.

I approached INS.. also opened a case status enquiry for my case as the dates are current. They say my case is struck in "Name Check Verification" and once that is completed they will be able to take a decision on my case.

You help in this regard is highly appreciated !
Click to expand...

LATEST AC21 MEMO
http://www.shusterman.com/pdf/ac21-51205.pdf
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
 
Changing Employer -while I485 pending -Ginnu and Gurus please advise !

ginnu said:
LATEST AC21 MEMO
http://www.shusterman.com/pdf/ac21-51205.pdf
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Click to expand...

Dear Ginnu,

LATEST AC21 MEMO
http://www.shusterman.com/pdf/ac21-51205.pdf
http://www.uscis.gov/files/pressrele...ntrm122705.pdf

I went through the AC 21 Memo PDF documents... but still feel questions related to my scenario is not included in it.

For my case, I-140 is already approved and i really don't know the DOT codes for programmer analyst and a saftware qa analyst. Please let me know if you can answer the following questions ?


1. IS it risky to take those job offers on EAD since title and job description are not exactly the same?

2. Also if i plan to take such different job title in IT industry ... Is it a REQUIRED thing ( I believe they call it AC-21 ) that i need to NOTIFY INS about the change of job. Even if my OLD employer is okay with me switching to another company while green card is pending.

3.Some people say it is NOT required to let INS know that you have switched jobs. PLEASE CLARIFY

4.Is there any risk if i take full time job and just let my old employer and attorney know about it.What are my choices ? Please advise. This issue is realy bothering me too much and unable to take a decision in life.

I approached INS.. also opened a case status enquiry for my case as the dates are current. They say my case is struck in "Name Check Verification" and once that is completed they will be able to take a decision on my case.
 
Thank you very much Ginnu for your reply.
I have another question. My family left for home country in 10th June and are returning US on 5th August. Can we file for AOS though the family members are out side US during month of July?. I remember the USCIS letter mentioning, that one need to be in US at the time of filing for AOS. As I believed that it is okay to file before August 17 by being present I did not spent a lot of money (>4000) to bring them over before July 31. Please advise
Thanks once again for your kind help
 
ginnu said:
-------------------File the I-485 it does not matter if you are with A or B. GC is for Future job
Click to expand...

Thank you very much Ginnu for your reply.
I have another question. My family left for home country in 10th June and are returning US on 5th August. Can we file for AOS though the family members are out side US during month of July?. I remember the USCIS letter mentioning, that one need to be in US at the time of filing for AOS. As I believed that it is okay to file before August 17 by being present I did not spent a lot of money (>4000) to bring them over before July 31. Please advise
Thanks once again for your kind help
 
I filed in EB2 catagory through company A ( small size company )based on future employment
PD- Sep/04.
I-140- Pending.

I am currently working with company B ( Multinational ). My current status is 5th yr H1B ending in Oct 07..Current employer ( Company B ) has finally approved to file PERM labor..

I am struggling to decide if I should file I-485 with company A awail the current dates and at the same time continue to file PERM in next couple of months with company B..

Would it creat any legel wrangling later on?

I am already in my 5 th yr of h1B with company B and there is no guaranteed job opportunity with company A..

Appreciate if any one in the forum could help resolve my situation.

Thanks in advance
 
bhvmurthy said:
Thank you very much Ginnu for your reply.
I have another question. My family left for home country in 10th June and are returning US on 5th August. Can we file for AOS though the family members are out side US during month of July?.
-----------------NO, to file I-485 one needs to be in US
I remember the USCIS letter mentioning, that one need to be in US at the time of filing for AOS.
----correct
As I believed that it is okay to file before August 17 by being present I did not spent a lot of money (>4000) to bring them over before July 31.
-----------------------those who are filing I-485 till August 17 now were eligible to file I-485 based on JULY visa Bulletin and one need to be in US in JULY to file I-485. you did a mistake your family was not in US in July and they have not reached US before July 31 and they are not eligible to file I-485 at this time. It will take long time for your family to file I-485 after August and you need to maintain H1 status and family H4 status till the date PD for you again becomes current.

Please advise
Thanks once again for your kind help
Click to expand...

--------------------------
 
rahulmahajan said:
I filed in EB2 catagory through company A ( small size company )based on future employment
PD- Sep/04.
I-140- Pending.

I am currently working with company B ( Multinational ). My current status is 5th yr H1B ending in Oct 07..Current employer ( Company B ) has finally approved to file PERM labor..

I am struggling to decide if I should file I-485 with company A awail the current dates and at the same time continue to file PERM in next couple of months with company B..
------file the I-485 based on Company A I-140 pending, if I-485 remain pending more than 180 days and your I-140 gets approved you will be eligible for AC21. File the I-485. your comany B can also file LC through PERM
Would it creat any legel wrangling later on?
----NO
I am already in my 5 th yr of h1B with company B and there is no guaranteed job opportunity with company A..

Appreciate if any one in the forum could help resolve my situation.

Thanks in advance
Click to expand...
--------------------
 
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