on EAD -140 Pending

[keshan]

Here is my case.

While working for Company A, applied for 140/485 last July/Aug from a consulting company - company B. Got FP/EAD Oct 2007.
140 processing got transferred to NSC 4 months ago. Same time I joined Company B on EAD and started consulting for Company C( joined on contract to hire after 6 months)

I am in a dilemma now.
1.Can I join company C after 2 months on AC21 portability?
2.Company B can hold on to my 140 processing but is saying there is a ruling now which mandates them to withdraw my case if I port.Is it true?
3.Can I join Company C on new H1B?Will it not invalidate my GC processing ?


Please clarify my doubts and help me get out of this mess.

 

[hopeofgc]

Here is my case.

While working for Company A, applied for 140/485 last July/Aug from a consulting company - company B. Got FP/EAD Oct 2007.
140 processing got transferred to NSC 4 months ago. Same time I joined Company B on EAD and started consulting for Company C( joined on contract to hire after 6 months)

I am in a dilemma now.
1.Can I join company C after 2 months on AC21 portability?
----> If you planning to join company C on EAD, then you are at risk. Bcoz law clearly says EAD can used only if I-140 approved and I-485 pending for more than 180 days.

2.Company B can hold on to my 140 processing but is saying there is a ruling now which mandates them to withdraw my case if I port.Is it true?
-----> Not sure what exactly you mean?

3.Can I join Company C on new H1B?Will it not invalidate my GC processing ?

-----> Nope, you can join company C on new H1 and continue your GC process as well.


Please clarify my doubts and help me get out of this mess.

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