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ravi_umma

In Dilemma. Old Employer applied for I485 and I am with new employer. Please help!

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Hello Everyone,

Here is my situation:

I joined Employer A in June 2007 and EMployer A applied for my Labor and I-140 with PD April 2008. I 140 was approved in Nov 2008 and then I went to India in May 2011. I went for stamping with EMployer A and I got 221(g) and later on my visa was rejected due to H1 not being ammended. Then I found a new job with EMployer B and EMployer B applied for my H1 and I got my visa stamped in September 2011 and joined EMployer B in October 2011. Then EMployer B started my Green card process in December 2011 and applied for Labor in Jan 2012(with the intention of porting over my PD from old Employer A). In the mean time, my PD got current and when I contacted my old EMployer A, they aggreed to apply for I-485. Employer A applied for I-485 in Jan 2012 and I got my EADs in March 2012. My LC with EMployer B is not approved as of today.

Now my old EMployer A is forcing me to join back again as soon as possible. Should I join Employer A? what are my options? WHat if EMployer A revokes my I140 if I don't join him? My I485 receipt date was Jan 9 2012. Please let me know what my options are so that I do not risk my Green Card.

Thanks in advance.

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My advice will be talk tO your employer A and try to convince him that you will join him once u have GC in hand. This way u can continue to work on H1 with employer B instead of using EAD... This will ensure that u r in status in case God forbid Ur 485 is denied for any reasons.

I am not sure if employer A can file for H1 transfer at yhis stafe since you got Ur EAD .

May be experts can advice you better

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Well, I think, your old employer should withdraw your I-140, since you had no bona fide intent to work for them indefinitely when you filed I-485 (yes, it was you who filed, and in this case the onus is on you).

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Right. GC is for future employement.Too harsh for Eb3 guys. Basically EB3 is given after PERM and low salary based to work experiencee less than 5 years for a position suited..

In that case, how a guy (when the GC arrives) will have more than 10 years expience is suited to the same job and work for the same employer and same position.

There appears a big fallacy and hope some immigration reform is put forward resolves this.

Attorneys do not mind as they get good business. But poor employement based applicants get hooked and loose their whole careers. No wonder why would any company even apply for EB2 when they can keep an employee on the leash for 10 yearst

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