Job change on EAD - AOS Pending - EB3

[sanyasharma]

Hello All,

 

Here's my status:

1. H1-B valid till Oct 2014

2. EAD and AP approved in 2007 and employer kep renewing both documents till date. (To date, I was officially on H1B visa). Current EAD and AP valid till Oct 2014

3. PD is October 2006 (EB3)

4. AOS Pending

 

I gave my 2 weeks notice to my current employer and will be starting with my new employer within 3 weeks (taking 1 week vacation in between). I am giving up my H1 B visa and will be joining the new company using my EAD. I am NOT porting over my GC application to EB2 and the new employer is NOT doing any GC processing since I am on EAD. (It's almost like I am just walking over to them with my EAD.)

My new job description will be pretty much the same as my current job.

 

So my questions are:

 

1. This is completely ok right? Meaning, not porting over my application to the new employer - I think I'll just wait till my PD becomes current - till then I will renew and use my EAD.

2. As I have read in numerous posts here, I will just send the new I-9 and new employment letter to USICS (just as a precuationary step). Anything else I need to do in terms of paper work? (I have my original Labor Cert and approved I-140.)

3. Will my 1 week vacation between two jobs cause any concern?

 

Thanks!

[Attorney_11]

Individuals pending adjustment of status greater than 180 days with approved I-140 and a new job in a same or similar occupation can request AC 21 permanent portability by sending notice of job change to the USCIS. This is expected by USCIS and is a best practice.

 

The I-9 is an employer form and is retained by the employer. It is not sent to the USCIS.

 

It is advisable to seek the counsel of a qualified immigration attorney to take prudent steps to avoid potential immigration complications in the future.

[Belle]

It seems to me that by "NOT porting" you actually mean "porting".