EB3_Victim Posted January 11, 2013 Report Posted January 11, 2013 hi, I have a very unique situation. 1st GC EB3 - nov 1st , 2004 ..(substitued case with employer A) Current status - EAD,AP since 2007 Now I am with EmployerD (changed few in between on H1B, EAD etc..) . New GC case (Eb3-Eb2 porting) EB2 - I140 approved and dates ported.. Problem: Very interesting oppurtunities waiting but since dates are not moving (it may move in 4 months) but such oppurunity may go away. 1) Is there a rule that after GC i have to be on same company's payroll for 6 months minimum. 2) Since i am on EAD /AP do I really need to be with some company to handle all my GC case? 3) At this stage (EB2 140 approved, and old eb3 date ported), can I change my employer now and take a new job. Is there anything new company needs to do(AC21, I485, main GC or etc...anything)? 4) I am tired of this and I want a GC but not sure if I am keep doing what I am doing in current job for another 6-12 months. Is it possible to take a new job and still get GC in next few months when dates are nov1,2004 where no company involvement is required.) thanks
EB3_Victim Posted January 14, 2013 Author Report Posted January 14, 2013 someone please response if you know more about this.
pontevecchio Posted January 14, 2013 Report Posted January 14, 2013 If it has been 6 months since the EB2 approval talk to a lawyer about using AC21. Your complex query needs specialist help.
Belle Posted January 14, 2013 Report Posted January 14, 2013 1. No. 2. No. You may be self-employed. 3. You can always change jobs on EAD. That's not the question. The question is whether it would jeopardise your green card filing - or in other words, is the new I-140 portable under AC21, and let's assume the worst case scenario - your employer withdraws I-140 once you leave. You would need a good lawyer to review your situation to answer that. I would recommend a couple of opinions, actually. 4. That's the same question as above.
EB3_Victim Posted January 16, 2013 Author Report Posted January 16, 2013 Thanks Belle, What are your recommendations? I have an oppurtunity which is very good but i don't know if at this stage (few months away from GC), i should be changing employer. but problem is noone knows if its few months vs. few yrs. I have I140 approved of EB2, can I do Ac21 based on that? Since my I140 has old EB3 dates and I485 is already filed back in 2007. Please help..Its urgent
Belle Posted January 16, 2013 Report Posted January 16, 2013 It seems like this is your fourth "very good" opportunity in the last 8 years. My recommendation is to be more picky about the goodness of the opportunities.
Recommended Posts
Archived
This topic is now archived and is closed to further replies.