kdittak Posted August 10, 2012 Report Share Posted August 10, 2012 Hi, I am on H1 which will expire in sept 2012. I have my EAD ( not used EAD as of now). I am with my H1 employer since a while now and I am in good terms. my PD is June 2008. I got a RFE and sent the required documentation as well to USCIS. But because the Dates got retrogressed, I did not get GC during Mar 2012 time Frame! My client has offered a full time offer to me, can you please clarify the below questions: 1. Can I accept this Full time position? 2. If so, do I need to tell my H1 employer about this ( I believe I should ! ), 3. will he revoke my H1 status then? 4. assuming my Client will process my GC, from what stage will my GC file be picked. In other words, does it makes any difference in processing times as I changed my employer now? 5. If I take up the new position, do I need to let the HR Dept to include my Family also? 6. If I loose my Full time Job with my Client, will I be out of status? 7. How will be handling my GC case.. is that client's new attorney or my Old H1 employer attorney 8. as I am in a different state now ( USCIS center may be different now), how does this effect my processing times for GC?. Would really appreciate if you can answer the above. Thanks Link to comment
pontevecchio Posted August 10, 2012 Report Share Posted August 10, 2012 1. Your decision and choice. 2. As above. 3. Ethical and law abiding employers and these are the majority will revoke the H1. That has no effect on you. 4. If you are more than 180 plus days awaiting AOS you can use AC21 provisions to join a different employer in the same field. The new employer has no role in this. 5. Yes if you want them to be in legal status. I am assuming their AOS is also on file. 6. You will be awaiting AOS. What happened to your original GC sponsor and why are you not working for him? 7. Neither. You should get your own. 8. It should not. Link to comment
kdittak Posted August 12, 2012 Author Report Share Posted August 12, 2012 Thanks for the Reply. I am not quite sure I understood your answer for #6. Can you please clarify more on this. Thanks Link to comment
pontevecchio Posted August 13, 2012 Report Share Posted August 13, 2012 You will be awaiting Adjustment of Status to PR. Link to comment
MayEB2I Posted August 14, 2012 Report Share Posted August 14, 2012 6. you will not be out of status. you will be in AOS. Though it is not a "status", it is legal to stay in US while you are in AOS. you will be in AOS as long as your 485 is pending. Link to comment
kdittak Posted August 15, 2012 Author Report Share Posted August 15, 2012 Thanks for the Reply. so, are you saying that when I take this full time position with my client, my client will not be handling my case, rather I should get my own? Please clarify. If I loose my FT Job, I will be on AOS status. ( as you mentioned above), in this case who will be my employer.? Please advise Did you hear any cases like ( taking FT Job while on EAD) this before and is the switch safe to do now? or shall i wait till i get my GC. Thanks Link to comment
kdittak Posted August 16, 2012 Author Report Share Posted August 16, 2012 Hello Sir, can you please clarify these final questions. Thanks Link to comment
pontevecchio Posted August 17, 2012 Report Share Posted August 17, 2012 Changing your job is your decision. If you want to use AC21 first sit down and discuss your specifics with a Good Lawyer. The client is not involved except in offering you a similar job. Link to comment
kdittak Posted August 17, 2012 Author Report Share Posted August 17, 2012 Thanks for the Reply Link to comment
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