New 180 day rule interpretation

H

helper007

Registered Users (C)
Hello ,

Does anybody know when the interpretation of the 485 pending 180 day rule coming out..A friend of mine called www.ins.gov (phone no), INS National centre and was told that he can switch jobs after he has been on EAD for 180 days..these are very contradictory informations..

Anybody with any idea....INS really makes us all so mad,,atleast give us the right information....
 
No Title

I hope that INS comes up with the formal ruling on 180 days soon..
Till that time do you know if the 180 days start from RD or ND?
 
No Title

I have been told they start from RD...Do you know when they are coming out with the formal ruling
 
No Title

My lawyer also said the same thing that 180 days start form the RD. Also did you know if one can work with the EAD for other employers while the 485 is pending ( assuming that the company does not revok the 140 petition )
 
No Title

yes, you can work with the other employer with the new EAD. If your company revokes the I-140 option then you will not get a EAD renewal and you can work till the time the EAD is applicable. Thats how I understand it...
 
No Title

What if you only had an H1 (that will be valid for say two more years)? Can you do the same switch of companies after 180 days from RD? Should the new employer sponsor you for a new H1 eventually?

Mishonio
 
No Title

Yes they should, but what I am heraring is that you can change job after 180 days if your new employer is ready to

1] File your I-140 again as the basis of 485
2] If your EAD is valid you are fine, but if not will probably need to file another H-1B to continue processing.
3] Since the basis of 485 is I-140 which is employer specific, you may be required to file your I-485 amendment.

Please take above only as my line of thinking and I suggest talking to a lawyer is the best idea
 
No Title

I think that what helper says sound right. The only problem is that INS should come up with a formal ruling on this matter as soon as possible. Are there any people who have done this or thinking of switching jobs after 180 days? If people who have gone through this situation post their data on this site it will be very useful. Also if people are seeking advise in this matter from lawyers then if they post those advise on this site, it will be of great help to everybody.

Thanks
 
You must log in or register to reply here.
Top