Naanshi-please reply

Originally posted by GMUTHU
Nanshi/ Ginnu/Gurus please respond.

Do we need to inform INS when we change companies before
I-485 approval ?
------NO, you need to inform after I-140 approval AND I-485 pending more than I-180 days. if I-140 is NOT approved AND I-485 is NOT pending more than 180 days you are NOT eligible to use AC21
I have expalined my case before. My client is pressurizing me to Join now. My employer had agreed for that and told me that he will take care of my I-140 if there is any RFE.
------ if you belive the employer then take the risk of joining new employer with H1 transfer
If I dont take this offer...I will have to be on bench for a long period. I am still trying to postpone my offer..but I dont think it will work anymore....I have to take a decision... I am very much stressed now...If I take this offer....when should I inform INS about by portability ? or should I wait after a decision has been made on My I140 ?
------ after I-140 gets approved AND I-485 pending more than 180 days
please advise...

140,485--- RD 12/19
EAD,AP approved...
 
GMUTHU

I can understand what you are going through as i have been there anyways what you will have to do is.

1) Join your client on H1 not on EAD because if you join on EAD and for some reasons if your 140 is denied you will be out of status so better not take that risk.

2) After your 140 is approved you can apply for AC 21 or even continue your GC with your old employer(as future employee) and finally when you go for 485 interview you can tell them that you will join your old employer again as you have more flexibility there or what ever reason you want to tell them...

Also before taking the decission talk to couple of attorneys and see what they say...

Thanks,
Octfiler
 
GMUTHU

I am in the same situation.
I was adviced by my lawyer not to change employers till I-140 was approved. The other suggestion my lawyer gave me was to ask my client if he would get me a new H-1 for this period. Ask your lawyer before you change your employer.

HTH

Originally posted by GMUTHU
Nanshi/ Ginnu/Gurus please respond.

Do we need to inform INS when we change companies before
I-485 approval ?

I have expalined my case before. My client is pressurizing me to Join now. My employer had agreed for that and told me that he will take care of my I-140 if there is any RFE. If I dont take this offer...I will have to be on bench for a long period. I am still trying to postpone my offer..but I dont think it will work anymore....I have to take a decision... I am very much stressed now...If I take this offer....when should I inform INS about by portability ? or should I wait after a decision has been made on My I140 ?

please advise...

140,485--- RD 12/19
EAD,AP approved...
 
GMUTHU and hathwar,

I am also in the same situation as you. My client has a policy of not hiring any H1bs, so that option is ruled out for me. I am just taking one step at a time and keeping my fingers crossed until I get my I-140 approved !!. No wonder somebody said "Patience is a virtue" !!
 
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