Working for two companies on iEAD

E

enjoys1

Registered Users (C)
Hi,

I filed my I-140/I-485 concurrently in October 2002. My details:

I-140/I-485 RD --> 10/29/2002
I-140/I-485 ND --> 11/26/2002

I was laid off in November 2002. But my previous company gave me a severance pay of 5 months. So, I have been getting a paycheck regularly(every two weeks as before) for the past three months and it will continue this way till April 11th, 2002.

Fortunately, I got a a job 2 weeks back and I also got my iEAD last week(valid till 10/16/2003). My new job offer has slighly higher pay than my previous company and it has the same job responsibilities and same job title as I was in my previous company although the new job location will be 60 miles from my present place. So, I will have to relocate closer to my new company.

(see http://boards.immigrationportal.com/showthread.php?threadid=74921)

My I-140 has not been approved yet. The current CSC JIT report has a date of 10/23/2002 for I-140 EB2 petitions. My I-140 RD is 10/29/2002 and I-140 ND is 11/26/2002. So hopefully my I-140 will be approved in another two months and I am on payroll with my previous company till April 11th, 2003.

My questions are :

1) If I get an RFE for my I-140 application before April 11th, 2002 then I will be able to support it and reply to the RFE since I will have paychecks from my previous company and my previous employer will support me through an employment verification letter(EVL) too if I get an RFE for I-140 before April 11th, 2002 since I am on payroll with my previous company.

But, what if I get an RFE for my I-140 application after April 11th ?. Also as I have been reading on this forum most I-140 RFE's don't ask for paystubs or EVL and ask for educational documents. Isn't it ?. Mine is a clean case I think. B.Tech in India, MS in US and 2 1/2 yrs of experience when applying for LC. Also I have an approvied I-140 petition when I was working for another company(but didn't apply I-485 through this company as I wasn't married yet) before joining my previous company(which laid me off).

What other complications could arise for my I-140 petition ?

2) My new company is a startup with 27 people. They have been around since 1996. They have funding for another 14 months. They want me to start ASAP. So, I am starting there from tomorrow. Now, I am on payroll(severance pay) with my previous company till April 11th, 2002. I have my iEAD now and it will be 180 days from my I-485 RD only on April 29th, 2003.

i) Since my new company is a startup eventhough I start working there, I can explain my case to them and probably convince them to not give me paychecks now and give my pay for 2 1/2 months as a bonus check after April 30th, 2003. Should I do this ?.

or

ii) since I have my iEAD now can I be on payroll at two companies at the same time. But, remember my I-140 petition filed through my previous employer has not been approved yet.

3) What other things do I need to do to make use of AC21 ?. Should I inform INS about my job change after April 11th 2003 ?

4) Does it matter if my new company is profitable or not ?. Does my new company have to do anything since I will be working for them using EAD ?. What documents may I need from the new company other than paychecks and EVL if I get an RFE for my I-485 application.

Your valuable opinions/suggestions/feedback are appreciated.

Thanks
 

My questions are :

1) If I get an RFE for my I-140 application before April 11th, 2002 then I will be able to support it and reply to the RFE since I will have paychecks from my previous company and my previous employer will support me through an employment verification letter(EVL) too if I get an RFE for I-140 before April 11th, 2002 since I am on payroll with my previous company.

But, what if I get an RFE for my I-140 application after April 11th ?. Also as I have been reading on this forum most I-140 RFE's don't ask for paystubs or EVL and ask for educational documents. Isn't it ?. Mine is a clean case I think. B.Tech in India, MS in US and 2 1/2 yrs of experience when applying for LC. Also I have an approvied I-140 petition when I was working for another company(but didn't apply I-485 through this company as I wasn't married yet) before joining my previous company(which laid me off).

What other complications could arise for my I-140 petition ?


I think you should be ok for I-140 as long as your employer co-operate


2) My new company is a startup with 27 people. They have been around since 1996. They have funding for another 14 months. They want me to start ASAP. So, I am starting there from tomorrow. Now, I am on payroll(severance pay) with my previous company till April 11th, 2002. I have my iEAD now and it will be 180 days from my I-485 RD only on April 29th, 2003.

i) Since my new company is a startup eventhough I start working there, I can explain my case to them and probably convince them to not give me paychecks now and give my pay for 2 1/2 months as a bonus check after April 30th, 2003. Should I do this ?.

or

ii) since I have my iEAD now can I be on payroll at two companies at the same time. But, remember my I-140 petition filed through my previous employer has not been approved yet.


I heard that use of EAD can trigger I-485 employment RFE. It happened in my case. So if possible, use your EAD after your I-140 is approved.


3) What other things do I need to do to make use of AC21 ?. Should I inform INS about my job change after April 11th 2003 ?


You can't use AC21 unless your I-140 is approved. When it is approved, you can use it. You can inform INS after your I-140 is approved.


4) Does it matter if my new company is profitable or not ?. Does my new company have to do anything since I will be working for them using EAD ?. What documents may I need from the new company other than paychecks and EVL if I get an RFE for my I-485 application.


Your new company needs to prove it can pay you for several years. It doesn't matter if they are profitable or not. My sponsoring employer was not profitable but I still got my GC.

For 485 RFE, you will need audited financial statements of your new co. to prove they are financially strong.

Good luck and update us with your progress!
 
You must log in or register to reply here.
Top