Shout i wait for AC21 or take EAD and run

L

lastcomic

Registered Users (C)
I have just filed my 485, parole and EAD documents last week, I plan to quit and look for a different job as soon as I can. I plan on renewing my H1B in a couple of months as my H1B (6th year) expires next year. I have an approved I140 and from India.

My current lawyer anticipates the EAD to be here in 2-3 months. Once the EAD is here, is it safe to start switching jobs or should I wait for 6 months and then take AC21?

Thanks.
 
lastcomic said:
My current lawyer anticipates the EAD to be here in 2-3 months. Once the EAD is here, is it safe to start switching jobs or should I wait for 6 months and then take AC21?
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Well, if you leave after 2 months and your employer withdraws the I-140, your I-485 will be denied and you get to start over again.
 
TheRealCanadian said:
There's plenty of cases, enough so that there's also case law on the subject. Whether your employer will do it or not I cannot say.
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What if I file AC21 as soon I move to another job, like within a week. Am I covered even if my previous employer withdraws approved I-140? I do have a job offer and the new company is not willing to process H1-B. I am at present in academics and moving to industry, but in the same field. Give your comments on what shoudl I take care.

i know I need a letter from new employer for permanent position. Other than that what else? Any experieced folks, please suggest.
I am at TSC zone and new employer will be in VSC zone.

nathanss
 
I have the same question as Nathan; I am planning to switch jobs after 6 months of I-485 application, using my EAD.

Gurus, please answer Nathan's question.

Thanks in advance!

nathanss said:
What if I file AC21 as soon I move to another job, like within a week. Am I covered even if my previous employer withdraws approved I-140? I do have a job offer and the new company is not willing to process H1-B. I am at present in academics and moving to industry, but in the same field. Give your comments on what shoudl I take care.

i know I need a letter from new employer for permanent position. Other than that what else? Any experieced folks, please suggest.
I am at TSC zone and new employer will be in VSC zone.

nathanss
Click to expand...
 
nathanss said:
What if I file AC21 as soon I move to another job, like within a week. Am I covered even if my previous employer withdraws approved I-140?
Click to expand...

If the I-485 has been pending for over 180 days, you will be fine, especially if the I-140 is approved. Proactively filing AC21 is unlikely to make a difference; you'll get the NOID all the same requesting evidence of your new job. You respond within 30 days, and all is well.

If the I-485 has been pending less than 180 days, then you will have problems.
 
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