how to get out of this MESS with a GC and new job


EB3_Victim

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Posted

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

Posted

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.

Posted

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

Posted

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.

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