Q. when i change company ...

K

karlk_re

Registered Users (C)
Hi,

My status,
i-140, sometime in 2001.
i-485, wac-02-122-xxxxx,
got an ead.

When i change a company, there is a gray area in AC21 if the previous company revoke i-140, it is risky, some people say. To prepare this bad situation, is there something i can or should do? Is that ok, if i start another h1b from new company, in the worst case?

Thanks
Karlk
 
You can do a H1 transfer instead of using EAD.
The effect of employer's attempt to revoke I140 is generally a Employment RFE from BCIS.
 
No.
But most people are comfortable doing EAD because of this confusion. My opinion is that, unless you have a dependent waiting for a h4, go the EAD way. It is sensible, cheap and gives you control.
 
Jaxen,

If a person who has EAD & H1 from company A, goes to company B with a new H1 instead of using EAD,

1. what happens if an RFE issued for current employment letter?

2. If everything goes fine and 485 is approved can that person use his GC status for company B on approval? or he has to go to company A?


Thanks.
 
Answers to both Qs are related. If in response to the employment RFE, the applicant exercises AC21 and says that the job B is similar and acquires GC approval, then he/she has to continue with B.

If the applicant did not inform BCIS about the job change, he/she is expected to join company A. The risk is the applicants's...
operateive word expected
 
jaxen:

Is it allowed that I join company B with a GC pending from company A temporarily and may join A back after sometime say after a current project that I am doing ? If so, what logic can I use when a emp RFE is given ? Can I say that my sponsor A has agreed to let me go on a contract to hire with B and they liked my work and they want me to join. And A has expressed their consent in the form of a contract ?

Thanks
 
No company A cannot absolve their obligations like that.
It will also be argued that company B should have done your GC. Many such things are subjective, which makes all the more reason to be conservative.
 
Jaxen:

If it was not clean, I am talking in reference to AC21. I have always been working for company B on contract since A held my papers. Now B slashed their rates and basically gave an ultimatum. Since A does not make the margin anymore (at all), they decided to let me join B using AC21 and they leave my 140 alone. In the future if the salary is not an issue (i decide to take a cut of 25%), I could join A. But I have run out of H time of 6 years.

Contemplating a labour from the new company ? Is this allowed or permissible ? esp if the PERM process can get my labour cleared in a month !

Thanks for your suggestions and appreciate your insight.
 
In this case, company A should serve a termination notice to you and then you can blame it on A to join B. That is the clean way.
 
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