Questions about Job Change on EAD

wassup

Registered Users (C)
Friends I have a bunch of questions about changing jobs on EAD. I would really appreciate if you could help me figure them out.

My situation is that I have my 2nd EAD (>180 since 140 approval and 485 filed), my 3-year H1 extension is pending with USCIS. Now, my questions are:

1) Once my new 3 yr H1 comes, can I switch on H1 and restart with PERM and EB2?

2) Can I keep my priority date in that case? Can my current employer revoke 140?

3) If I join on EAD, then what all do I need to do? Some of the posts I read on the forum suggest that I file AC21 with an EVL.

4) How "same" should my job be? Lets say I am an MTS, design right now but join as Senior MTS or Pricipal MTS with a higher salary, is that ok?

5) I also read that if the salary raise is >20k on the new job, then it is a problem. Is that right?

Thanks! I really want to move, but want to make sure that I don't goof up.
 
wassup said:
Friends I have a bunch of questions about changing jobs on EAD. I would really appreciate if you could help me figure them out.

My situation is that I have my 2nd EAD (>180 since 140 approval and 485 filed), my 3-year H1 extension is pending with USCIS. Now, my questions are:

1) Once my new 3 yr H1 comes, can I switch on H1 and restart with PERM and EB2?
WHY ???????????
Just use AC21 to switch employers and keep that same process going unless you are sure your I-485 will be denied. If thats the case, you will have same issue wherever you go... So back to my question, WHY do you want to start another process at all....

2) Can I keep my priority date in that case? Can my current employer revoke 140?
See reponse in 1...

3) If I join on EAD, then what all do I need to do? Some of the posts I read on the forum suggest that I file AC21 with an EVL.
File AC21, it is for your own good... this way USCIS knows where to send any correspondence and will not loose any by sending to previous employer.

4) How "same" should my job be? Lets say I am an MTS, design right now but join as Senior MTS or Pricipal MTS with a higher salary, is that ok?
This is a very debatable question. My interpretation is, keep it in same labor job classification. Make your job description look similar to previous, adding more responsibilities is ok.

5) I also read that if the salary raise is >20k on the new job, then it is a problem. Is that right?
Again, if your salary was 40k and you get a 20k raise, thats a 50% raise. That could be a problem, not otherwise. Also, raises are generally not a problem bcause you are not hurting the local labor market.


Thanks! I really want to move, but want to make sure that I don't goof up.
Goodluck.
 
Spidey,

Thnaks for your reply. The reason I am considering restarting is because at this rate EB3 will take 20 yrs maybe. With my PD, EB2 is current. I can show 5 yrs of progressive experience. Then, why not? As far as I know, my current employer cannot not revoke my I-140 because my I-1485 has been pending for more than 180 days.
 
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