Options for I140/!485 pending

O

OpVijay

Registered Users (C)
What are the options for the people have pending I-140/I-485. but have EAD.

The situation is I may get laid off.

Can I work on EAD with new employer without AC 21, if I make my previous employer agreed to respond REF's.

Can I work for H1 employer, also work on EAD. In this situation H1 will void. But how do you tell INS or INS know that I am working on EAD?

Can I go for H1 tranfer with new employer and keep my I-140/I-485 processing valid?

Thanks,
 
Originally posted by OpVijay
What are the options for the people have pending I-140/I-485. but have EAD.

The situation is I may get laid off.

Can I work on EAD with new employer without AC 21, if I make my previous employer agreed to respond REF's.
Yes. You might also get letter from the sponsoring company that they intend to hire you later.

Can I work for H1 employer, also work on EAD. In this situation H1 will void. But how do you tell INS or INS know that I am working on EAD?
From your W2 USCIS can track your EAD.
Can I go for H1 tranfer with new employer and keep my I-140/I-485 processing valid?
Yes, if your current employer supports any RFEs

hth
dyno

Thanks,
Click to expand...
 
pending I-140/I-485 options

OP Vijay,

>>What are the options for the people have pending I-140/I-485. but have EAD.

>>The situation is I may get laid off.
Don't panic

>>Can I work on EAD with new employer without AC 21, if I make my previous employer agreed to respond REF's.
without AC21...its Risky...I am not sure its possible

>>Can I work for H1 employer, also work on EAD. In this situation H1 will void. But how do you tell INS or INS know that I am >>working on EAD?
By Tracking down the alien registration number its easy. If you work for another H1 employer, you have to start from beginning

>>Can I go for H1 tranfer with new employer and keep my I-140/I-485 processing valid?
May be you can do a Labor substitution if available and then do new concurrent filing again, that whould be safe bet.

Best of luck
 
Different people different opinion. I saw in this forum somewhere that somebody working in company A and applied for GC from company B and got the EAD approved.

In this case there is another possibility that you take 2 H1's.

I want to know if somebody did any of these options and what problems they faced.

What's Alien Number?

thanks
 
Originally posted by OpVijay
Different people different opinion. I saw in this forum somewhere that somebody working in company A and applied for GC from company B and got the EAD approved.
That is possible. As I have mentioned in the previous post if your employer can prove that it has intension to hire you the future, you may work for a diff company till your GC is approved. Remember GC is for future employment.

You had mentioned that your employer can respond to all the RFEs. If that is the case, you may try to quit the job yourself and join a different employer. This is better than you being laid off because, if your employer has intension to hire you in the future, USCIS may question why you were laid off earlier. If you leave on your own, you can come up with zillion reasons.

In this case there is another possibility that you take 2 H1's.
Not possible. You cannot work on 2 H1Bs. Again having 2 H1B and using them are different. A person can have any number of H1Bs but he can work using only one.

I want to know if somebody did any of these options and what problems they faced.

What's Alien Number?

It is also called A#. It is the number USCIS assigns to applicant of AOS. If you have received your AOS receipt notice, you can find your A# on it.

hth
dyno
thanks
Click to expand...
 
Re: pending I-140/I-485 options

Originally posted by Magician
OP Vijay,

>>What are the options for the people have pending I-140/I-485. but have EAD.

>>The situation is I may get laid off.
Don't panic

>>Can I work on EAD with new employer without AC 21, if I make my previous employer agreed to respond REF's.
without AC21...its Risky...I am not sure its possible
I would differ on this. As mentioned in my post GC is for future employment, so as long as your sponsoring employer supports your RFEs, there is no risk.

>>Can I work for H1 employer, also work on EAD. In this situation H1 will void. But how do you tell INS or INS know that I am >>working on EAD?
By Tracking down the alien registration number its easy. If you work for another H1 employer, you have to start from beginning
Again, I beg to differ on this. H1B applicants are not assigned a A#. Only AOS applicants are assigned an A#. So tracking using A# is not a possibility. They might track using your SSN , paystubs, etc.

>>Can I go for H1 tranfer with new employer and keep my I-140/I-485 processing valid?
May be you can do a Labor substitution if available and then do new concurrent filing again, that whould be safe bet.
Best of luck
Click to expand...
 
Working on 2 H1's

Originally posted by dynobuoy
Click to expand...

I differ on this.
I think one can work on multiple H1's. I have seen it on many posts on Murthy clarifying that working on multiple H1 is allowed. The rule is that one should have H1 to work with the company. One can have 3 H1's and work for 3 companies. A lot of people do that where they work full time for one company and part time for other.
I do not know if there is any ruling implying one cannot work on multiple H1's.
Can you clarify more on this...Any link etc. which says one cannot work on multiple H1??

Thanks.
 
GC_GoneCase & dynobuoy

One can carry more then one H1 at the same time from different employer.

This is called "concurrent employment" and the attorney can file the I-129 to reflect this. There is technically no limit to the number of companies for which an individual can concurrently work, all of the requirements, including Labor Attestations, etc., must be filed for EACH AND EVERY employer.
 
Last edited by a moderator:
Re: Working on 2 H1's

Originally posted by GC_GoneCase
I differ on this.
I think one can work on multiple H1's. I have seen it on many posts on Murthy clarifying that working on multiple H1 is allowed. The rule is that one should have H1 to work with the company. One can have 3 H1's and work for 3 companies. A lot of people do that where they work full time for one company and part time for other.
I do not know if there is any ruling implying one cannot work on multiple H1's.
Can you clarify more on this...Any link etc. which says one cannot work on multiple H1??

Thanks.
Click to expand...


I stand corrected.
I should have said working on 2 fulltime H1B is against the law. GC_GoneCase is right using the 'concurrent employment' a H1B holder can work on more than one job.

Link

http://www.visalaw.com/03sep5/3sep503.html
 

Dang! Wrong again. A person can work on any number of H1Bs full-time or part time. Just confirmed with attorney.

sorry for the confusion. Less caffeine toay :(

hth
dyno
 
Thanks to all for different views. From the above discussions, the may be options (when got EAD and waiting for I-140/I-485) are:
[Correct me if I am wrong]

1. On EAD with out AC21, if previous employer agreed to respond REF's.
2. H1 transfer, if previous employer agreed to respond REF's.
3. 2 H1's, one gives salary and other gives GC.
4. with AC21 if completed 180 days of filing I-485.

I think if you apply for AC21 it means you intend to leave your sponsering company and no intentions to come back. Correct me if I am wrong.

What happens when you use AC21 and get laid off there (just a possible risk)?

Thanks,
 
Originally posted by OpVijay
Thanks to all for different views. From the above discussions, the may be options (when got EAD and waiting for I-140/I-485) are:
[Correct me if I am wrong]

1. On EAD with out AC21, if previous employer agreed to respond REF's.
2. H1 transfer, if previous employer agreed to respond REF's.
3. 2 H1's, one gives salary and other gives GC.
4. with AC21 if completed 180 days of filing I-485.

I think if you apply for AC21 it means you intend to leave your sponsering company and no intentions to come back. Correct me if I am wrong.
Again, AC21 doesn't dictate that you cannot join the sponsoring employer again.

What happens when you use AC21 and get laid off there (just a possible risk)?
You can join another company. AC21 doesn't say that you can use it only once. Yopu can change any number of jobs. But at the time of an interview you should be employer. Or if you get a RFE you should be able to reply to it within 45 days with a letter from your new employer.

Search the forum for AC21 experiences. There are many who have done it.

hth
dyno
Thanks,
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