New Employer - portability issue

[sunnyg_13]

Here is my situation:

I am currently working with a public university. I have a approved I140 and I485 is pending in EB3 with a PD of Feb'2007. I do not have a EAD/AP. I received a offer with a private company who is ready to file for an H1B transfer. New company will file H1B transfer paper but H1B approval will be received by october. Company not ready to wait for 90 days to receive a new EAD/AP.

My question is:

1. As the move will be from a public (H1B Cap exempted) to a private (H1B cap not exempted) organization, is it safe for me to start working with the new company as soon as the papers are filed or do i need to wait till the H1B approval is received, which will be October.

any advice is appreciated.

thanks,

[pontevecchio]

I am puzzled. You can only start in October. This is May. Why cannot you apply and get your EAD before October,1. YOU CANNOT START before October,1.

[sunnyg_13]

Originally posted by pontevecchio:

I am puzzled. You can only start in October. This is May. Why cannot you apply and get your EAD before October,1. YOU CANNOT START before October,1.

The company lawyer told me it would be fine to start in May and the company will not wait for 60-90 days for me to get my EAD

[sunnyg_13]

Originally posted by pontevecchio:

I am puzzled. You can only start in October. This is May. Why cannot you apply and get your EAD before October,1. YOU CANNOT START before October,1.

Company lawyer said it would be fine to start as it is a grey area in AC21 and company will not wait 60-90 days for new EAD to arrive...so the dilemma.

[pontevecchio]

Then go with what the Lawyer said. I am not going to second guess a Lawyer.

[sunnyg_13]

Originally posted by pontevecchio:

Then go with what the Lawyer said. I am not going to second guess a Lawyer.

Thanks!!