Impact of changing from Full time employee to Contract employee while I485 is pending

[ThomasKS]

Hello members - here is my current situation :

At present working as full time employee for employer A since last 9+ years.

This employer A filed my I140 EB2 in 2014, so have the PD of April 2014. Back in Oct - Nov 2020 due to big jump in numbers for EB3, employer filed for downgrade - so new I140 EB3 - which is yet to be approved. Now, this employer A is asking me to move from CA to TX within next few months, or providing an option of letting me go and rehire as contractor if I wish to continue working from CA.

I want to understand if i join back this employer A as contractor, will there be any impact on my current I485 processing. My R&R would remain same in contractor role. Or is it advisable to move out to another employer B (in CA itself) through H1B transfer, after I140 EB3 and EAD/AP is approved, and submit I485 J from the new employer B.

 

[Rakesh_1]

Make sure you have 180days pass from your AOS date , If you have approved EAD , you can start as contractor without H1B transfer to Other company , but make sure you initiate H1B transfer as well , so that just in case if anything happens it will protect your status.

Hope you already submitted 485J , If you get a query please send 485 J with 201J option to USCIS.

Dont know what else you got to take care , please have good attorney strategy in place. It can be workable.

[JoeF]

The I-485 is for a full-time job as employee. If the employee job doesn't exist anymore an I-485 can't even be filed.