Urgent - Filed I485 in July 07; My job is at risk, I have only 4 months

[Paalem]

Why does getting an EAD make you stay with the previous company. If you use an H-1b transfer shouldn't it be okay??
Is the lawyer trying to make it 100% sure that on paper u r with the old company for 6 months before you switch or is she trying to avoid the company from using your H-1B by waiting for another couple of months. You need to find out and make them use the H-1B.

She's saying that if I get EAD, I have wait 180 days before leaving to another company. She does not know I have termination date in Dec. Actually I agree with you on H1 transfer. I do not know why she is hesitant to do a H1 transfer. Luckily the new company is making sure that I will be in their company soon, at any cost. Thats what I heard. I am trying to set up a meeting with her to explain some options. I think she does not know AC 21 portability while I 140 is not revoked. I sent her an email saying that my old company would not revoke my I 140.

The new company is very good employer in this area where I live.

 

[nyc8300]

She's saying that if I get EAD, I have wait 180 days before leaving to another company. She does not know I have termination date in Dec. Actually I agree with you on H1 transfer. I do not know why she is hesitant to do a H1 transfer. Luckily the new company is making sure that I will be in their company soon, at any cost. Thats what I heard. I am trying to set up a meeting with her to explain some options. I think she does not know AC 21 portability while I 140 is not revoked. I sent her an email saying that my old company would not revoke my I 140.

The new company is very good employer in this area where I live.

I think they can wait for Jan to not pay $5000 (fees+lawyer fees etc) for a H-1b transfer. If they really want to be sure then they have to do it. I guess u have to talk to ur boss to make them do the H-1b transfer.

 

[CAlcawaiting]

Safest path

As per the rule, you cannot move to different employer before 180 days. so to be on safer side, you can continue on with your current employer till your last date of termination Dec17. after Jan 2 ( assuming your 180 are elapsed) you can invoke AC21 by informing USCIS.

but at the same time, you can try to push your new employer to start the job after Jan 2nd. or if he is not willing to do, than try to find new job between Nov 1st and Dec 31 and join new employer by Jan.

She's saying that if I get EAD, I have wait 180 days before leaving to another company. She does not know I have termination date in Dec. Actually I agree with you on H1 transfer. I do not know why she is hesitant to do a H1 transfer. Luckily the new company is making sure that I will be in their company soon, at any cost. Thats what I heard. I am trying to set up a meeting with her to explain some options. I think she does not know AC 21 portability while I 140 is not revoked. I sent her an email saying that my old company would not revoke my I 140.

The new company is very good employer in this area where I live.

 

[Paalem]

As per the rule, you cannot move to different employer before 180 days. so to be on safer side, you can continue on with your current employer till your last date of termination Dec17. after Jan 2 ( assuming your 180 are elapsed) you can invoke AC21 by informing USCIS.

but at the same time, you can try to push your new employer to start the job after Jan 2nd. or if he is not willing to do, than try to find new job between Nov 1st and Dec 31 and join new employer by Jan.

What if my current company terminates me in like 15 days from now ? Does it affect my GC process ? With that termination letter can I join the new company ?

 

[CAlcawaiting]

Be quite

What if my current company terminates me in like 15 days from now ? Does it affect my GC process ? With that termination letter can I join the new company ?

As long as you have your I-485 filed, you are in status. USCIS will only ask you wheather you are employed or not when they actually give you GC. which would take atleast six months ( i assumed, as i have no idea about your PD ).

So even if your current employer terminates you, say after 15 days, your main focus should be to get a new similar job ASAP and forget about anything else.

Suppose you get job after three months which is Dec07, then wait till Jan08, and invoke AC-21. ( provided your current company should not revoke your I-485, which they can if they have paid all expensed and you have signed G-28 )


Bet u nobody at USCIS would like to know wheather you have completed six months with your current employer and then you jumped to new job!!!

 

[Paalem]

As long as you have your I-485 filed, you are in status. USCIS will only ask you wheather you are employed or not when they actually give you GC. which would take atleast six months ( i assumed, as i have no idea about your PD ).

So even if your current employer terminates you, say after 15 days, your main focus should be to get a new similar job ASAP and forget about anything else.

Suppose you get job after three months which is Dec07, then wait till Jan08, and invoke AC-21. ( provided your current company should not revoke your I-485, which they can if they have paid all expensed and you have signed G-28 )


Bet u nobody at USCIS would like to know wheather you have completed six months with your current employer and then you jumped to new job!!!

Question number 10 in the following links says that 485 application will not be denied if I go to another company prior to 180 days and also I140 is not revoked by old company.

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

 

[CAlcawaiting]

In that case you are more safe.

Best of luck

My advise, to continue with your current employment untill your last day and try to find a job by Nov Dec, so that you can join new company by Jan.

Pratish

Question number 10 in the following links says that 485 application will not be denied if I go to another company prior to 180 days and also I140 is not revoked by old company.

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

 

[Paalem]

In that case you are more safe.

Best of luck

My advise, to continue with your current employment untill your last day and try to find a job by Nov Dec, so that you can join new company by Jan.

Pratish

The thing is I got an offer from a new company. I want to move to new company with that offer. The new company attorney is bit hesitant to move me there before 180 days. When I told and gave some info on AC21 portability and above USCIS FAQ's link, they are again reconsidering. Still no news from them. I do not know if they can wait another 90 days ? But the new company offer is very good.

 

[Paalem]

Good News again.

Hi All,
In order to make my GC process safe, the new employer told me that they can wait another 90 days (where I complete 180 days from 485 receipt notice) and then hire me. They told me that they want me on a safe side on 180 days rule. I am feeling thrilled now.

They told me that they can hire me right away, but they said if my old company revokes my I 140, then there will be at risk. So I accepted to join their company after another 90 days. Tonight I'm gonna party my ass off. Thank you guys for staying with me and giving good suggestions. I hope this situation does not come any one.

Fortunately and by God's grance I am now in a good position.

 

[nyc8300]

Hi All,
In order to make my GC process safe, the new employer told me that they can wait another 90 days (where I complete 180 days from 485 receipt notice) and then hire me. They told me that they want me on a safe side on 180 days rule. I am feeling thrilled now.

They told me that they can hire me right away, but they said if my old company revokes my I 140, then there will be at risk. So I accepted to join their company after another 90 days. Tonight I'm gonna party my ass off. Thank you guys for staying with me and giving good suggestions. I hope this situation does not come any one.

Fortunately and by God's grance I am now in a good position.

The only thing the new company is telling u is that they can't pay $5k for transferring your H-1 but they do value your work and are prepared to wait. I think getting H-1b transfer was always the better option but that's ok. Take the jump. Best of luck!

 

[Paalem]

Thank you nyc8300.

The only thing the new company is telling u is that they can't pay $5k for transferring your H-1 but they do value your work and are prepared to wait. I think getting H-1b transfer was always the better option but that's ok. Take the jump. Best of luck!

Thank you nyc8300.