Please help, need to apply 485

R

RGade

Registered Users (C)
Hi All,
       I am about to apply for my I485. My GC sponsoring employer is different from my current employer. I want to fulfill my 6 month commitment(AC21 rule) with the GC sponsoring employer, ASAP. Please let me know, if I can join my GC sponsoring employer after I get my EAD(apply 485 while being with the current employer), and work for 6 months or do I have to wait untill I get my GC approved and then join my GC employer and work for 6 months.
         My attorney says I have to apply H1 transfer rightaway with the sponsoring employer(which I donot want to do, becuase my GC employer wants me to pay my H1 transfer expenses), join the company and work for 6 months to be counted for the AC21 portability rule. Can\'t I join my GC employer after I get my EAD and work for 6 months to be counted for AC21 rule? Your help is very much appreciated.
          
Thank you,
RGade
 
No Title

Have you already applied for 485 ? In your 485 application what did you mention regarding your current employment? Did you mention that you are working for your current employer ? In Biographic info also, did you do the same ? I am in kind of same boat, kindly reply.

Regarding your question, I think you can work for sponsor once you get EAD, it is not necessary for H1 transfer.
 
No I didn\'t apply yet,

No, I have not. I need to decide wether I have to get an H1 transfer to GC employer and then apply 485 with the GC company\'s name on the 485 or stay with the current company, put this company\'s name on 485 and when I get my EAD, join my GC company and then work for 6 months. If I join my GC company after EAD, will the AC21 rule still apply for my case, if my case is not adjudicated within 6 months after I join my GC employer,which is after I get my EAD(About 9 months after I file 485, assuming EAD takes 3 months + working 6 months with the GC company). Please reply.
 
Its is better to stay with sponsor

In your case (mine too), I think it is better to stay with sponsor, once you join, until GC is approved, otherwise, it will be too complicated. Legally what you say may be right, but INS may think you joined the GC sponsor for a very short time, just to get GC, which is not the right intent.

Let me know what you do, since I am in the same state.
 
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