Need help with few issues

[sudiptabhaskar]

Friends,

Let me state my situation first, and then I have got few questions to clarify.

My I140 from my previous employer got approved after I got laid off. Joined another company and I will complete 6 yrs on my H1B1 after 16 months.

Now,

1. If my previous employer continues with my I485, and I tell INS after 6 months that I have joined some other company! 1a) What are the pros and cons of that process. 1b) DO they call me for interview? 1c) Does my previous employer need to give them a letter stating that they intended to employ me in the future for all these days ? 1d) Do I have to tell INS about my new employer? 1e) Can I start this process without even informing my previous employer, if yes is there a con side of it?

2. If I try to start my new GC with the new company, how would the original of approved I140 from the previous company may help me. I am hearing different version on this from different people and I really need a definitive answer on this.

I appreciate and thank you all in advance.

Happy new year folks

Sudipta

 

[jaxen]

Use Ac21
1a) see other answers
b) If INS gets wind of your change of employment (from old employer mostly) , yes there might be an interview. 5% of all applicants are randomly selected for local INS office interview too. RFEs for other certificates- Birth certificate, marriage cert etc. can also cause local INS transfer
c) If you are exercising AC21, then you dont need a letter from old employer
d) new guidelines are not out yet
e) you need a letter from sponsoring employer to apply for I485. INS can consider your application frivolous and reject 485 outright...

2. Unless old employer applies for 485, having an approved 140 is of no use to you.