Moving to a new job, but old company continues with my I-140 process

[Inwood]

Hi,

I work for a small company who is planning to close the department where I am working. The company filed my I-140 and I-485 five months ago, and it’s planning to keep me in the payroll for 2 extra months.

They are also willing to continue with my greencard process, sending any information the CIS requests in the future. I already have my EAD, that expires on July 2005.

In such case, does anyone knows if:
1.- Can I start working in a new job without filling any document to the CIS.
2.- Does the new employer has to know about my current situation (since per my understanding, with the EAD I am allowed to work for any employer)?
3.- Do I need a new sponsor for the greencard and/or visa?

Any help will be appreciated.

Thanks,

Inwood

EAD/AP/140/485 EB2 RD: 05/04/04
EAD AD: 07/27/04
AP AD: 07/27/04

 

[yeppo]

1) You can switch jobs 180 days after your 485 has been filed based on Ac21 , though whether it based on an approved 140 or not is still not clear and it is safer to be on an H1 until that point as if by some bad luck 140 gets denied it puts you out of status.

2) Yes the employer would need to know.

3) You would not need a new sponsor. This GC would continue gettting processed as GC is for a future job.

Rgds,

Yeppo