Questions Closed for Conference Call on Feb 22, 07

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AC21 Portability Issues

Dear Mr.Khanna,

The following are the details of my case:

1. Labor Filed: July 2002
2. I-140 & I-1485 Filed: March 2004
3. I-140 Approved: January 2005
4. H1-B 6 Years Expired: May 2005
5. Current EAD Expires: April 2007
6. Current Status: Adjustment of Status with EAD


a. Can I change my employer now?
b. Since I will not have a good relation with my employer if I leave the company, can my employer revoke my I-140?
c. If yes, will that hurt my green card process?
d. After my H1-B Expired in May 2005, I was on EAD since then. I applied for a new H1-B in March of 2006. My case was approved, but asked me to go out of the country to have it stamped.
e. As I am currently on an EAD and do not have a valid H1-B will it be a problem to change an employer?
f. If I can, change my employer, can my pay increase with the same title and job description
g. My employer who has filed for my green card made me sign a bond that says that I have to pay $20,000 if I leave before, 2 Years after I get my green card. Can he hold me for that If I leave now?
h. Assuming I am safe with the above questions, Can I be an employer and shareholder in the startup company or Is that going to be an issue
i. Assuming I am unsafe with the above mentioned conditions what would be the best process to change the company

I appreciate your wonderful services through this Site

Thank you


Registered Users (C)
Hi Rajiv,
Thanks for your wonderful service.
My PD is Mar'2003 INDIA EB3, Applied for 485 myself in sep 2004 and I'm currently on H1b(8th Year Ext), Now My client is forcing me to convert to full time employee. Here are my concerns,

I did not applied 485 for my wife, Will it impact her 485 if I change the company now and apply for her when my PD becomes current.

What if My client applies for Eb2 Perm Labor and use the EB3 to EB2 conversion?
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