Responsibility of company

[EB3_Victim]

Hi,

I want to know if someone is on EAD(6 yrs) with I485 filed, I40 approved , what is the responsbility of company at this state getting GC.

FYI..I have a complex case but so far no issues..

MS from USA.

EB3 - Nov 1, 2004 (it was a substitued labor).

EB3 - I140 approved, I1485 file in 2007

Working on EAD , No H1B.

changed company last yr , they filed new

EB2 Laor- approved.

I140 - Approved.

Port dates from EB3 - Done. On EB2 I140 approval notice , its showing Nov, 2004.

Interfiling - This week or so.

ONLY thing is wait for date to current and get result...Anything else remaining?

Can't a person just go and join any company while waiting for GC, file AC21 and at time of GC if there is any issue...just hire a LAWYER and get it resolve...if no Query then get GC and move on.

What I am not sure is company's responsibility since I m on EAD past 6 yrs and there is nothing company is doing so why should I stick to it if I get somethibg better?

Please response.

Thanks in advance

[Belle]

You need to read about AC21 and what it would mean for your case. Overall, yes, you can always change jobs. The question is whether it will cause any incovenience in some other respects.

[EB3_Victim]

So my lawyer has filed Interfiling also both for me and my wife.. but no guarantee that they will shift the file since there is no actual process. All he can do it just sent letter to request to transfer the files.

So if I change job and file AC21 portability with new employer, they should be able to respond to any query if need to and represent my new EB2 case which has my old dates ported and I1485 file.

What I am trying to understand is , Do I need to mention EB3 case at all my new employer ...so should I simply explain that I am on EAD and I have EB2 I140 approved and I1485 filed and waiting..

[blancx]

IMHO, I suggest you speak to a good immigration atty and get everything clarified once and for all. That way you will avoid any pit falls. Your immigration status is better than thousands of others. Dont jeopardize it by taking advice on forums. Spend money and Get good legal help.

[Belle]

You don't need to explain anything at all. You have EAD. That's all. How you got it is not their business.

[submit2junk]

You don't need to explain anything at all. You have EAD. That's all. How you got it is not their business.

Rightly said. There is no need for them to know your history.

[EB3_Victim]

Hi,

Finally I think I got the job which I was looking for.

This job is Senior Manager with pay could be double of whats listed on my EB2 labor.

I have a question,

Do I need to tell new company to file AC21 portability? or I can do that?

My work is going to be in same technology but title and salary, benefits are all different..Please help.

Also since I am only on EAD and I have never used my all 3 yrs of H1B, Does it makes sense(to be on safer side), to ask them to transfer my H1B also. So that I will have H1B as an option incase something goes wrong..

Belle, Hope things will work out :-)

[EB3_Victim]

Any reponse please on this.