Questions on working on EAD ...

[zak74]

Hi,

 

My PD is Nov 2008 EB2-India. I've been in H1B since 2003.

My current 3 year H1B expires in Dec 2013. Already got 3 years on H1B extension from Dec 2013 to Dec 2016.

I applied I-485 on March 2012 and got EAD/AP combo for 1 year and subsequently got 2 years extension on EAD/AP (till April 2015).

I can use AC21. But I'm still with the original employer who filed for my GC. Currently using H1B as I didn't want to waste it. 

 

Now, my current project is ending and my employer is asking me to relocate to a different location across the country. Due to personal reasons, I do not want to relocate any more.

 

1. If I refuse to relocate and leave my employer, they will have to revoke my H1B. Is it possible to do H1 transfer with a different employer after it has been revoked?

2. If I leave my employer, I have to use my EAD and find a different employer. During this bench period, I will not have pay slip and subsequently my W-2 amount for the year will be lesser.

    Will this gap in employment, not having pay slip and reduced W-2 salary, will cause any issues in the future (example, with IRS or Visa stamping etc.)?

3. So far the attorney used by employer has been handling my case. I have copies of most documents LC application, I-140 copy and the I-485 application bunch. How do I transfer my case to a different attorney? If I ask for a change now, my employer may suspect I am leaving. Can I do it afterwards? Will the attorney share all the documents and details with the new attorney?

4. I called USCIS to check on my case status 2 months ago and they didn't have any RFE on it. The officer just told me my application is pending visa to be available. Does this mean I'm pre-adjudicated? I don't have any criminal records or misdemeanors  etc. Is there any RFE that can come at this stage after I leave employer that will require me needing my employer's help?

 

Please clarify.

 

Thanks

Zee

[pontevecchio]

"Currently using H1B as I didn't want to waste it."  That makes no sense as there is nothing to waste and you could have gone back to H1 status by an employer filing a H1 petition and getting it approved at any time. 

 

1. It is possible for ANY employer to file a H1 petition for you at any time now or in the future. Awaiting AOS lets you stay and EAD lets you work or not and AP lets you travel.

 

2. Awaiting AOS lets you stay. But IF the USCIS sends an RFE for proof of a qualifying job offer you would need to provide that.

 

3. Employer stuff remains so. You only have control over the AOS. If you suspect the I-140 will be revoked if you do not obey the companies wishes you should make sure you have another EVL lined up to satisfy AC21 requirements.

 

4. They can send an RFE anytime though yours may be preadjudicated. They can also schedule an Interview when the dates are current specially if they find the GC sponsoring employer has revoked your H1 and maybe the I-140.

 

Before you take steps which hurt your prospects, please schedule an Appointment  with a Lawyer to discuss your issues.

[zak74]

Thank you pontevecchio !!

 

Regarding answer no.3 "Employer stuff remains so. You only have control over the AOS. If you suspect the I-140 will be revoked if you do not obey the companies wishes you should make sure you have another EVL lined up to satisfy AC21 requirements." :

 

So if I refuse to relocate and my employer revokes my H1B and I-140, can I still be on valid EAD while I search for a new employer?

My understanding is EVL is required only when I become current and USCIS asks me. Correct?

Or will revocation of I-140 by employer trigger an RFE even before my date is current?

[pontevecchio]

If they ask for an EVL you have to show that. This may not come to pass.  If at all they will send a NOID and you can fight that by using AC21. Nobody can say one way or the other. Keep a lawyer onboard. Usually companies do not revoke the I-140 as they are not required to and Lawyers cost money for the company.