Move to new employer on EAD ?

[itmember]

Hi Gurus,

I worked for employerA on H1 from 2006 to 2013.

employerA applied for my GC (under EB2  -> priority date : Nov 2008 )

 

( I understand that H1B process might be an irrelevant mention here.., but, when I went for visa stamping for H1B extension through employerA , I received 221g (blue form) in 2013. employerA and me needed to provide Consulate with proper documents that provide a satisfying answer why employerA has not paid adequately (as per 2009 w2) during one of the years as agreed. employerA has responded to Consulate regarding the same but, they asked for more documents )

 

In 2013, employerB approached me with an offer. I transferred by H1 to employerB and started working since 2014.

 

(companyA did not revoke my GC application ).

 

I received my EAD in Oct 2014.

 

In Jan 2015, companyC (which I am interested in ) has approached me with an offer (similar job responsibilities).However, employerC will not do H1 transfer. They are willing to offer the job if I join them on EAD.  

 

(I understand that since I am now over 180 days on EAD, I can utilize AC21 provision )

 

 

Questions (if my PD becomes current and I am called for an interview):

1. Will the employerC assumes full responsibility to all their queries?

2. Is the USCIS interested in digging why there was an issue regarding old w2 from 2009 ?

3. Does employerA need to respond to USCIS regarding any questions ?

4. Does employerB need to respond to any ?

5. Under what circumstances (in general) a employment based GC gets rejected ? 

6. If GC gets rejected, how can I continue to work / stay (my wife is working on H1B ) ?

7. Is employerC  required to provide any additional information ?

8. if EAD not utilized, how does USCIS evaluate if  employerA has the ability to pay as mentioned (since there was a question in the past regarding their ability to pay) ?

9. if EAD not utilized, how does USCIS evaluate employerB ? 

 

 

 

 

 

 

 

 

 

 

 

[obscurenessmoon]

1. Will the employerC assumes full responsibility to all their queries?

- You need to work with them. But for AC21 they will have to provide a supporting document for employment.

2. Is the USCIS interested in digging why there was an issue regarding old w2 from 2009 ?

- Noone knows. They can dig anything. But I do not see a major issue here because you had H1 filing after that.

3. Does employerA need to respond to USCIS regarding any questions ?

- Dont think so.

4. Does employerB need to respond to any ?

- Dont think so.

5. Under what circumstances (in general) a employment based GC gets rejected ? 

- here is a list.

http://www.**************.com/**************

6. If GC gets rejected, how can I continue to work / stay (my wife is working on H1B ) ?

- If you have valid H status you can continue to work. You can appeal the decision or file new GC. You can transfer to H4 and if you wife has approved 140, you can apply for H4 EAD.

7. Is employerC  required to provide any additional information ?

- Employment verification 

8. if EAD not utilized, how does USCIS evaluate if  employerA has the ability to pay as mentioned (since there was a question

in the past regarding their ability to pay) ?

- Not sure about the question

9. if EAD not utilized, how does USCIS evaluate employerB ?