485 filed with previous Employer. How long do I have to work for him?

[aryanbayarea]

Hello friends

I was working for Employer A. The Labor, I-140 is approved from Employer A. Then I moved to Employer B. They did my H1B transfer but still have to apply for my Labor. I am currentyl employed with B. In the meantime the Priority dates of Employer A labor got current

I asked Employer A to apply for my 485, EAD and AP based on future employment since I left on good terms. He did apply for my I-485, AP and EAD

Now my questions are -

1. If I get my EAD before my Green Card, how long do I need to work for employer A? If I get Green Card directly assuming the current trend that people are getting Green Cards in 3-4 months, How long should I work for Employer A before I can become independent and have no obligation towards him?

2. If my I-485 application is pending for more than 180 days, Can I file for AC21 and continue working for Employer B?

Thanks for your replies.

[kalyan_ac]

Hello friends I was working for Employer A. The Labor, I-140 is approved from Employer A. Then I moved to Employer B. They did my H1B transfer but still have to apply for my Labor. I am currentyl employed with B. In the meantime the Priority dates of Employer A labor got current I asked Employer A to apply for my 485, EAD and AP based on future employment since I left on good terms. He did apply for my I-485, AP and EAD Now my questions are -

1. If I get my EAD before my Green Card, how long do I need to work for employer A? If I get Green Card directly assuming the current trend that people are getting Green Cards in 3-4 months, How long should I work for Employer A before I can become independent and have no obligation towards him?

Well you do not get a GC before EAD.The dates have retrogressed.So no more GC in 3-4 months.

Recommended to work for employer A atleast for an year.

2. If my I-485 application is pending for more than 180 days, Can I file for AC21 and continue working for Employer B? Thanks for your replies.

Yes as long as you in are in the same job classification and job duties.

[aryanbayarea]

Thanks Immigration Seeker

I have questions based on your answer:-

1. My 485 and EAD, AP was applied on 15th Feb 2012, If I get my EAD in say 3-4 months, Do i need to leave employer B and go back to Employer A and work for him for 1 year? My H1B with Employer B expires in 10th Sept 2012

2. What are my options to continue working for Employer B? Can I use AC21 after 180 days(around or after 15 August) if 485 is pending and use the EAD I get and continue working for employer B after my H1B with employer expires in Sept 2012 ( or should I ask employer B to extend my H1B for 3 yrs based on Employer's A approved 140)

Thanks for your replies in advance.

[kalyan_ac]

Thanks Immigration Seeker

I have questions based on your answer:-

1. My 485 and EAD, AP was applied on 15th Feb 2012, If I get my EAD in say 3-4 months, Do i need to leave employer B and go back to Employer A and work for him for 1 year? My H1B with Employer B expires in 10th Sept 2012et

You can start using your EAD and work for employer A or B.But after your get your GC its recommended to work for A for an year so that it does not effect your naturalization process.

2. What are my options to continue working for Employer B? Can I use AC21 after 180 days(around or after 15 August) if 485 is pending and use the EAD I get and continue working for employer B after my H1B with employer expires in Sept 2012 ( or should I ask employer B to extend my H1B for 3 yrs based on Employer's A approved 140)

If the 485 is pending for 180 days, you can do AC21 as long as your in the same job classification.

You can use EAD or file h1 extension as per your preferences.

Thanks for your replies in advance.

[aryanbayarea]

2. What are my options to continue working for Employer B? Can I use AC21 after 180 days(around or after 15 August) if 485 is pending and use the EAD I get and continue working for employer B after my H1B with employer expires in Sept 2012 ( or should I ask employer B to extend my H1B for 3 yrs based on Employer's A approved 140)

If the 485 is pending for 180 days, you can do AC21 as long as your in the same job classification.

You can use EAD or file h1 extension as per your preferences

Immigration Seeker,

If I do AC 21 and continue working for Employer B, then once I get my GC later on, Is it "Still" recommended to work for employer A for 1 year so that it does not affect naturalization? P.S I was working for employer A for a year but then left him to join B

How will INS know if I have worked for employer A for a year after I got my Green Card?

[kalyan_ac]

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Immigration Seeker,

If I do AC 21 and continue working for Employer B, then once I get my GC later on, Is it "Still" recommended to work for employer A for 1 year so that it does not affect naturalization? P.S I was working for employer A for a year but then left him to join B

How will INS know if I have worked for employer A for a year after I got my Green Card?

If B files for your AC21 and get your GC thru B, you will have to be with B for atleast an year.

You dont have to work for A.