Q on changing employer...pls help

M

mih

New Member
Hi,

Here's my situation:

* my current employer in Connecticut sponsors my gc application.
* I-140/I-485 were filed concurrently in Sep 2003.
* I received EAD/AD in Mar 2004.
* I'd like to change to another employer in New York(same industry, same type of job)

I heard that since my 140/485 have been filed for more than 6 months, changing employer will not interrupt my gc process. But I have some questions:

1. should I notify USCIS of my employer change?
2. is it better to stay with the same lawyer (which is used by my current employer) or to transfer my case to my new employer's lawyer?
3. will it be any problem if I need to renew my EAS/AP next year?
4. my H-1 visa will expire in Oct 2005 (6 yrs). If my gc is still pending at that time, do I need to ask my new employer to sponsor my yr-7 H-1 visa?

Thank you so much in advance.

mih
 
Your case sounds a lot like me. My 140/485 was also applied in Sep'03. My H1B is expiring in Oct'05, I received EAD/AP in April not March.

Anyway, you can change employer. There is a risk in doing so as your 140 is not approved. If there is a RFE on the 140, your current employer need to take care of that. They can even withdraw your 140 application.

Here are the answers:
1. It is better to do so.
2. It all depends on your relation with the lawyer.
3. No
4. I presume you are joining the new employer using your EAD. If that is the case your H1B becomes invalid - no question of extension. But that should not be a problem, you can always renew your EAD.
 
Hi mih,
I see that you havent got your I140 approved yet. In this case, changing employers using EAD would cause you a problem. If you are going to change to new employers H1B then you are safe.

Think about if the old employer would continue the GC process incase you moved out from him.

You retaining the same lawyer depends on your comfort level if you can trust him doing a good job to you even after moving out of your current company.

You dont need to inform INS if you are going to do H1B transfer, if you are going to use EAD, then you need to let INS know. But you are not going to use EAD anyway.

If your GC is pending after Oct 2005, you can still ask your new employer to file H1B 7th year ext, but you would have got your I140 approved by then, then no need of H1B 7th year.

Your renewal of EAD/AP shouldnt have any problem even if you change employers. You can file it for urself.

Hope it answers.

Want GC Soon :)

========================================================


* my current employer in Connecticut sponsors m

y gc application.
* I-140/I-485 were filed concurrently in Sep 2003.
* I received EAD/AD in Mar 2004.
* I'd like to change to another employer in New York(same industry, same type of job)

I heard that since my 140/485 have been filed for more than 6 months, changing employer will not interrupt my gc process. But I have some questions:

1. should I notify USCIS of my employer change?
2. is it better to stay with the same lawyer (which is used by my current employer) or to transfer my case to my new employer's lawyer?
3. will it be any problem if I need to renew my EAS/AP next year?
4. my H-1 visa will expire in Oct 2005 (6 yrs). If my gc is still pending at that time, do I need to ask my new employer to sponsor my yr-7 H-1 visa?

Thank you so much in advance.
 
mih said:
Hi,

I heard that since my 140/485 have been filed for more than 6 months, changing employer will not interrupt my gc process.
mih
Click to expand...

Mih,
according to my attorney and my company attorney, this is correct. How did you get this information? From your attorney or any website??

naanshi.
 
Thank you all. It's really helpful. I appreciate your help!!

naanshi - yes, I got the info from my attorney.
 
Mih,
Did your attorney say that underlying I-140 petition must be approved at some time, even after you changed employer? Or his opinion is that once you changed employer, whatever happens to the underlying I-140 petiton, it does not matter?

naanshi.
 
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