Need Help! Please respond

[msonthal]

Hi,

I filed for my I-140 on July 22.
I filed for my 485 in september and ND on it is 9/10/02.

I have recived my E.A.D. in december. My I-140 is still not approved.

Now I want to change jobs and work for someone else. Do you think its ok for me to change jobs using my E.A.D? I have not been with the employer for 180 days after filing the 485? So would I have to do that AC-271?

Someone suggested that I shouldn;t do that because my I-140 is still not approved? In case my I-140 is denied then I will be out of status as I will be abondaning my H-1B status.

Do you think its best for me to stick with my current employer even though they do not have any projects for me and I am not really getting paid?

Please any help or experience would b very very helpful.


Thanks,

 

[Sahin]

Hi

Hello,
If your adjustments of status is pending, you can switch job after 180 days under portability rule without creating any harm to your
GC processing. However, your case is not exactly same as I mentioned above

1) You have not exceeded 6 months yet since you applied for I485
2) Even it becomes 6 month since you file I485, the question is does the portability work the same for concurrent filer as it used to for non concurrent. This question is still unanswered. Some lawer say the 180 days would be counted after your 140 get approved. Some say " no, thats not right, whats the benefit of concurrent then?" Therefore, there is a debate..


My first recommendation is: if you really in need of changing the job, please do so after 6 months since you filled your I-485, and also let INS know that you are enjoying portability by changing job.

I am not a lawer. Therefore, the best thing is to consult with your lawer. No matter what, dont quit job before 180 days.

 

[msonthal]

Thank you for the reply Sahin. I am not going to be quitting the old job. That consulting company is still willing to move forward with my I-140 and 485. Only thing is I will be joining this new company based on my EAD. Is that bad? I mean will that cause any problems?

Because my new paystubs will be from the new company. And old company even though I am an employee there won;t be issuing me paychecks...Is that neccessary?

Kindly let me know.

 

[pralay]

I have an unreliable source. One of my ex-colleague had the same kind of situation. Then he talked with his lawyer. I don't know what kind of discussion he had, but he told me that in concurrent processing a valid portability is possible after one of these two dates - whatever happens LATER.

1. After 180 days from RD of I-485
OR
2. The approval date of I-140.

 

[msonthal]

Yea but my I-140 is still not approved yet. Whats the point of INS giving an EAD when someone can;t even work? I don;t get it!

I thought whole purpose of EAD was for a person to work in any other company? Am I wrong?

 

[sachdev]

Hi,

AC21 portability regulations are not published yet. But going by experiance of some applicants, INS will consider change of employer if the following conditions are fulfilled.

1. You should have an approved I-140
2. Your I-485 is pending for atleast 180 days from RD.
3. You should find same or similar job as described in you approved LC

If the above conditions are fulfilled then it is ok to change your job.

Working for another employer as full time with your EAD will land you in trouble because INS might view the intent of working for the GC sponsoring employer as not bonafide.

You can always work a second job with your EAD keeping your full time employment going.

Please consult an experianced attorney before you embark upon any such change.

Good Luck.

Regards,