Very Important .. Please Help

[siddiboy]

I work for company B on H1B . Company A is doing my Green card process. I have never worked for company A. My I140 and I485 is Pending for 180 days with Company A (Currently both are transferred to TSC).

Now i have Offer from Company C who is willing to recruit me if i can join with EAD. Currently i am on H1B with company B.

Question

1. Can i join the Company C with EAD ? If yes how?

2. Since my I140 is pending what are the precautionary measures i should be aware of?

3. Should i join Company A at some point ? If yes when ?

Thanks in advance for your answers.

 

[srignram]

Risky

I work for company B on H1B . Company A is doing my Green card process. I have never worked for company A. My I140 and I485 is Pending for 180 days with Company A (Currently both are transferred to TSC).

Now i have Offer from Company C who is willing to recruit me if i can join with EAD. Currently i am on H1B with company B.

Question

1. Can i join the Company C with EAD ? If yes how?

2. Since my I140 is pending what are the precautionary measures i should be aware of?

3. Should i join Company A at some point ? If yes when ?

Thanks in advance for your answers.

With 140 is still pending i will not take this risk if i were in your position.

 

[gc_line]

You just need one thing: APPROVED I140
The day you get it you can change job.
Until then legally you cannot work on EAD.

With 140 is still pending i will not take this risk if i were in your position.

 

[siddiboy]

You just need one thing: APPROVED I140
The day you get it you can change job.
Until then legally you cannot work on EAD.

Thanks for ur reply. Do i still qualify for 3 year H1 extension as i am on my 6th year of H1 now.

Also if my original sponsering employer is willing to process my I140 even if i take the new offer , will there still be a problem in using EAD?

 

[gc_2006]

You can work on EAD the day you get the card (legally). CIS' regulations are that the I-140 needs to be 'approvable' or approved when you invoke AC-21 after 180+ days.
However, if I were you I would either:
a) wait until I-140 is approved
b) transfer to company C on H-1B (you are with company B so who cares if you go with comp. C in the mean time - unless they are competitor to comp A...) and wait while the GC processing continues

If you at all have the possibility to stay on H-1B even while you have EAD, do it

to your questions:
1) you show EAD on your first day of work and fill out an I-9
2) see answer above, otherwise write to CIS that you are using AC-21 to switch (again that's why it is better to go the H-1B route)
3) If you want to be 'ethical' you should join them - latest when your I-485 gets approved. But again due to AC-21 you don't have to.

You just need one thing: APPROVED I140
The day you get it you can change job.
Until then legally you cannot work on EAD.

 

[siddiboy]

Thanks a Ton

You can work on EAD the day you get the card (legally). CIS' regulations are that the I-140 needs to be 'approvable' or approved when you invoke AC-21 after 180+ days.
However, if I were you I would either:
a) wait until I-140 is approved
b) transfer to company C on H-1B (you are with company B so who cares if you go with comp. C in the mean time - unless they are competitor to comp A...) and wait while the GC processing continues

If you at all have the possibility to stay on H-1B even while you have EAD, do it

to your questions:
1) you show EAD on your first day of work and fill out an I-9
2) see answer above, otherwise write to CIS that you are using AC-21 to switch (again that's why it is better to go the H-1B route)
3) If you want to be 'ethical' you should join them - latest when your I-485 gets approved. But again due to AC-21 you don't have to.

Thank you very much. Your suggestions were really helpful. I am going to pursue the H1B route .