May I change company after filing 485?

H

hlin4

Registered Users (C)
Hi All,
My company is preparing for filing my I140 and 485 concurrently in TEXAS, suppose they are received on Feb/1st/2003, does that mean on Aug/1st/2003 I can change my company to another one doing the similar job? (Because someone told me after filing 485 six months later, you have choice to go another company doing the similar job) And the more important point is --------- In case I get laid off after filing 485 six months later, Can I still stay in U.S waiting for my Green Card or I must leave U.S because I still don't have Green Card plus I also lost valid H-1B status?
And what is the six months period for 485, if Texas INS receives my concurrent I140/485 on Feb/1st/2003, then whatever, the Aug/1st/2003 is six months and I can change my job?
I also see an article here talking about TSC is stopping handling I-140 till this Mar, doesn't that affect the so-called "Six months" period?
Anyway, I just confusing with these problems, if anyone can help me answer those problems, I will greately appreciate that!

Hai
 
Yes, you can....

What you have heard is right. You can switch jobs if your I-485 is pending for 180 days or more. This is called as AC21 law which allows you to change employers after 180 days in a same/similar job position. You have to keep in mind that this law was passed when there was no "Concurrent Filing" which makes us feel that you should have your I-140 approved for you to take advantage of 180 day period. Again this is debated in this portal in various threads (whether 180 day clock starts from the day you file your concurrent filing or after the approval of underlying I-140).

So your safe bet would be:

File your I-140 + I-485 + EAD + AP immediately through your current company.
Wait for six months.
During this 6 month period, hope that your I-140 gets approved and you have your EAD.
You are free to switch jobs in a similar position elsewhere using your EAD since you got your I140 approved and 485 is pending for 180 days. When you use EAD, your H1B becomes invalid. You will be in Adjustee status and hence you need AP to go out and come back into the US.

If in case, you complete 180 days and no approvals come your way, then you will have to take chances.....

Good Luck.
 
Still a question for EAD

Thanks for your prompt reply, an_anonymous:)
I still have a question.
Since the INS is getting tougher and tougher, let's consider the
worst case:

I submit I-140 + I-485 + EAD + AP together now, 180 days later,
I got EAD, AP approved, but I-140 get rejected, (is that possible?
I think EAD, AP is seperate from I-140), can still use EAD to switch my job? and how long can EAD last, One Year?

And, If I-140 get rejected, can I file it again?

Hope anyone can help me solve my confusion, Thanks!

Hai
 
You cannot use EAD to switch jobs if your I-140 is rejected.

If your I-140 gets rejected, your EAD is invalid since your EAD is based on your I-485 and if 140 gets rejected, 485 filed alongwith that I-140 will automatically become invalid.

Now-a-days, to avoid frivolous filings to take advantage of EAD via 485 filing, INS will not issue EAD unless it has screened your I-140 at a high level.

Good Luck.
 
Re: You cannot use EAD to switch jobs if your I-140 is rejected.

Originally posted by an_anonymous
If your I-140 gets rejected, your EAD is invalid since your EAD is based on your I-485 and if 140 gets rejected, 485 filed alongwith that I-140 will automatically become invalid.

Now-a-days, to avoid frivolous filings to take advantage of EAD via 485 filing, INS will not issue EAD unless it has screened your I-140 at a high level.

Good Luck.
Click to expand...
I am from California. I got an RFE on 140 and we answered it abt 2 months back. No reply until now. I filed concurrently. Its been 4 months since I filed. Last week I got my interim EAD card at INS office valid for 8 months...Hope this helps.
 
Thanks

Thank you guys' help, I'll file my I-140 and 485 concurrently very
soon, wish I have good luck.


Hai
 
Hi an_anonymous,

I think one question is still unanswered. What if someone gets lay off after using EAD ? What would be his/her status?. It is not H1 since he/she used EAD, now he/she does not have job. Can someone be without job after I-140/I486 Etc. is filed and 180 days has been passed ? If yes, What I have heard that for I-485 interview they ask for your paystubs, how is it possible to get them without a job ? ( I have only heard this, I am not sure if it is true.I read all column and get some information about different stages, so sorry if I am wrong.)

Thanks.
 
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