Looking for some answers

K

kewlmarc

Registered Users (C)
Hi Jim/All knowledgeable ones,
My situation is not unique and lots of other people in the forum must be in the same dilemma as I am.
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 yet)
I guess with current I140 processing speed at VSC I don't expect my I 140 to be cleared before June'2003 (no rfe hopefully)
Meanwhile I got fingerprinted and get EAD in early december.
I work for a consulting company with whom I have very good relations and since I finished my project last month,I'm on the lookout for job.
Recently I got an offer from a BIG 4 company which sounds very lucrative..
My consulting company and me have an understanding that the company will not withdraw my I 140 petition while it is pending even if I change my job.
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 anymore.
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 ?
Is there anyway I can respond to an I140 RFE for lets say "low company financials for company A " while working for Company B using EAD ?
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
 
from Murthy Chat

Answer to one of your question , from Murhty Chat 2/24/03.
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Chat User : I’m filing I-140 and I-485 concurrently. If I switch jobs after 6 months, does the new employer have to file another I-485 or is my earlier one still valid? Thanks.

Attorney Murthy : Based on AC21 law, the earlier one would be valid, assuming that the I-140 petition gets approved. Otherwise, the entire GC process has to start from scratch with a new employer if the prior employer's I-140 is denied or rejected or the employer withdraws it and INS acts on the withdrawal within 180 days.

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Talk to your attorney regarding joing back your sponsoring company when you get your GC.

DM
 
When someone works using EAD, he/she must fill out the I-9.

The AC-21 and concurrent I-140/I-485 seems to be confusing. This is because AC-21 laws were written & implemented before the concurrent filing became law. For the concurrent filers, I've heard that the INS considers the first few months for I-140 adjudication and then the 180 days start. The INS is yet to interpret how they deal this issue.

If you invoke the AC-21 provision, you must be ready to provide pay stubs, emp letter stating job duties to the one in the Labor Cert. Appl. etc if required. If not, you must clearly state that your move is temporary and that you intent to return to the GC-sponsored company ASAP after GC approval.

Good Luck!
 
Thanks both of u.
I appreciate ur comments/views.
I have another question though :
Filling up I9 form does not mean that INS will come to know what visa staus I'm in and I'm in no obligation to tell INS about my change of employment thru EAD.
Am I right in assuming the above ???

Thanks once again
 
I-9 forms are filled by the employer and kept solely for their record. They do not file or inform the INS about it. They are bound by law to keep this record so that in any stage if they are audited or inspected then they can prove that all their employees were/are legal.
 
Being employed in EAD may not be known to the INS unless they review your employment history.

You are NOT bound to notify them of your EAD employment unless in the case of RFE or GC interview or any verbal conversations with INS officers.
 
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