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Change of job immediately after I-140 approval, PD current

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#1 Senior Uncle

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Posted 26 November 2011 - 02:22 PM

Hi, my H-1b 6th year expires in Nov next year. I am 29,not married and not so far planned for it.My present employer filed labor(approved),then filed I-140 which was approved last week with priority date of Jan 2008 which is current now, as my I-140 with previous employer was approved in 2008, with this PD(after wards, I shifted 2 jobs). But, as my present employer is being taken over by their parent company(they are not taking the existing employees), my employment with them is coming to an end by Dec 31st. Meanwhile I got offer with a good new company, & my H-1 b with them was approved last week for 3 years(ie 2 yrs beyond 6years) based on my old I-140approved in 2008. I have not told my new company about my new I-140 approved last week, as it was still pending when my H-1 was applied by them 3 weeks before.
With this background, my question is- will it be of any use if I apply for I-485 now(present company somehow agreed for my applying) before moving to my new company in 1st week of Jan.How the rule of staying with present company for 180 days after applying for I-485 effects my case.Do I get EAD if this I-485 is approved (say) in 4/5 months.
Ofcourse,my new company hopefully starts my lobor(perm), followed by GC process after 3/4 months of my joning them in Jan. So, my major worry is 180 days rule, 1) will it be of any use at all if I apply now,2) will it adversely effect if it is approved in 3/4 months, 3)is it correst that I do not need to proceed with GC process with new company, if I get
approval for this i-485 to be applied now. 4)Or may be the best course is to start with new GC process without applying I-485 now,as my new company will be able to file concurrently I-140and I-485 in next 4/5 months. Please guide me

#2 Belle


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Posted 28 November 2011 - 09:29 AM

You need a consultation with a good lawyer. For the 180 days following filing of I-485 you shoudl maintain the job offer with the original sponsor, however, there is no obligation to work for them. After 180 days (and assuming your petition is NOT approved), you may change your sponsor using AC21, and the new company will not have to file a new case. If your new company will be filing a new case, it is probably irrelevant whether you file I-485 now.

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