Urgent help needed

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25GC

Registered Users (C)
Hello,

I am on H1B with my current employer (company A) and planning to switch to new employer (company B) using AC21. I also had EAD which was renewed second term. I am planning to use EAD to join new employer. My current employer (company A) is saying that he has to cancel my H1B with them and inform INS that i am no longer an employee with them.

Cancelling H1B cause any issues for my green card ?

I appreciate your help

Thanks
 
Cancelling H1 should have no impact on GC. I assume you have filed 485. You can switch jobs only if 140 is approved and 485 pending > 180 days.
HTH
 
Thank you for the reply.

I-140 was approved
I-485 is pending > 180 days.

I never used my EAD and I always on H1B with my current employer. I going to join new company on EAD.

Reporting to the INS for cancellation of H1B doesn't trigger the I-140 cancellation ?

I would like not to inform INS about employer change until i get a RFE.

Thanks
 
Last edited by a moderator:
H1B cancellation has nothing to do with 140 cancellation.
However if employer attempts 140 revocation- you will get RFE- that you can easily respond with current job/AC21 etc.
Good Luck.
 
There are varied opinions on informing USICS, but IMHO, it is much better to inform USCIS proactively and not wait for a RFE. You may want to "feel the waters" in your new job for a month or two and then proactively inform USCIS. This way, there is a good chance that u may not get a RFE and would save a few months on your approval.

goodluck

-ab
 
The popular wisdom on this site (in my opinion) is not do AC21. Several get approved without RFE, if you do get RFE it expedites. I have not done AC21 myself.
HTH
 
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