Pending I-485, waiting on EAD/AP, now a great job opportunity

[wae29]

Hi guys, my first time posting. Thanks for all the good info here.

Here's my situation: I-140 approved under EB-3, now pending I-485 (adjustment of status), 765 (employment) and 131 (travel) cases. Receipt date is Feb 15, 2013. Just went for fingerprinting yesterday 3/9/13. H1-B will expire on July 1, 2013.

OK, I was content to stay with my current employer until I receive my green card (I'm estimating Dec 2013), but suddenly I have been offered the job of a lifetime with an entirely different employer. They want me to start right away. They do not usually sponsor H1 for my role, so they are willing to wait for me to receive my EAD card (I'm estimating May 2013, likely sooner).

Dilemma: moving to the new job in May using ONLY my EAD card - I realize it's short of the 180-days portability 'protection'. However, what is the realistic risk that the adjudicator will i) know that I have moved employers; ii) deem this as problematic; iii) if the adjudicator deems this to be an issue, what are the consequences?

If I still don't have the green card by Feb 15 + 180 days = Aug 15, is it safe to change employers, with just the EAD and no H1 at that time?

Many thanks!!

[pontevecchio]

You should discuss your situation with a Good Lawyer, maybe the firm of Murthy and NOW. You should be OK.

[wae29]

Hm, does anyone have a more helpful opinion?

[pontevecchio]

Do you really think you are better served by any anonymous opinions in a forum? Since time is of the essence spend some money on a Lawyer.

[Belle]

Actually, his opinion is right on. Your situation is pretty complicated. It is hard to explain in a short response all of the complications of not being eligible for AC21, and what it can lead to, given that you may have different scanarios on the timing of the job change and your approval. In short, I would advise against accepting this position until your case becomes eligible for AC21... if it ever will.

[t75]

Based on the potential consequences of a wrong choice and the fact you have the money to pay a professional for his opinion, use your brain and call an attorney for a consultation.

[Attorney_25]

Since the law requires that the job in teh PERM and I-140 is available to you at least until 180 days past the filing of the I-485, if general if you abandon the position before that you will not be eligible for I-485 approval. It's not an issue of whether the adjudicator will find out, as your permanent residency can always be rescinded later, and/or you may not be able to become a US Citizen when the facts come out later down the line. Also, USCIS does do background checks and they will know things like whether you are still living in the same place or have moved. There are various areas of complexity to this situation, and you would be best off to consult with a qualified immigration attorney as to your various options.

[Desi Dude]

There is a slight chance of you being deported. Other than that you should be good to go !!

[Belle]

One thing for sure - if the adjudicator finds out that you no longer intend to work for your sponsoring employer (changing the jobs is not much of an issue here as the intent to work parmanently) AND there has not been 180 days since your filing, then there are only two possible options:

1) Your application will be denied because the conditions of your I-140 no longer exist. In other words, it will be denied with no prejudice or further action.

2) The adjudicator decides that you did not have intent to continue with your sponsor when you filed I-485 (not a big stretch because it has not been a month yet, and you have already changed your mind), and then your application will be denied for misrepresentation. That might get your banned from the country.

[wae29]

Wasn't trying to "save money" by not speaking directly with an attorney (of which I have consulted 2 different attys, btw) - was canvassing for different experiences for the benefit of all, that's all. After all, that's the purpose of an open forum, right? :-) Thank you to Belle and Attorney_25 for sharing.