Help, can I change jobs now? What's the impact?

[shishya]

Hello,
This is my situation, I have been desperately trying to find information about a change of job I want to do but have been unable to find enough information.

Here's the details:
I am on H1, EB2-India, PD 24th May 2006 (Nov PD is 8th May 2006), filed for 485 September 2008 (so have EAD and the application has been pending for more than 6 months). However, got married in Feb 2009 and hence couldn't add my wife to my 485 application yet (she's on H4 dependent visa).

Now if I change jobs, I HAVE to do H1 transfer since my wife will go out of status otherwise -- that is I CANNOT use my EAD/AOS.

Now the question is if I change jobs (different company, similar job description, same title), what will happen to my GC application that is still pending? Will the new company have to restart from Labor? Will my PD be ported over?

PLEASE HELP! I have desperately trying to get answer to this and I am sure some of you would have been in the same boat?! :(

Thanks!

[TO BE OR NO TO BE]

Hello,
This is my situation, I have been desperately trying to find information about a change of job I want to do but have been unable to find enough information.

Here's the details:
I am on H1, EB2-India, PD 24th May 2006 (Nov PD is 8th May 2006), filed for 485 September 2008 (so have EAD and the application has been pending for more than 6 months). However, got married in Feb 2009 and hence couldn't add my wife to my 485 application yet (she's on H4 dependent visa).

Now if I change jobs, I HAVE to do H1 transfer since my wife will go out of status otherwise -- that is I CANNOT use my EAD/AOS.

Now the question is if I change jobs (different company, similar job description, same title), what will happen to my GC application that is still pending? Will the new company have to restart from Labor? Will my PD be ported over?

PLEASE HELP! I have desperately trying to get answer to this and I am sure some of you would have been in the same boat?! :(

Thanks!

I am not a lawyer, but writing based on my knowledge / experience:

I think you can switch your job with new employer on their H-1B. I don't think you can use EAD (AC-21 AOS) as your wife would lose her status.

Green card process and H-1B are two different process.

[shishya]

I am not a lawyer, but writing based on my knowledge / experience:

I think you can switch your job with new employer on their H-1B. I don't think you can use EAD (AC-21 AOS) as your wife would lose her status.

Green card process and H-1B are two different process.

Thanks for the reply. And yes, I agree that I cannot use AOS as my wife would lose the status. And hence the question -- that if I transfer my H1 and use that in the new job (which won't be an issue, I know), what happens to my Greencard application? That is the BIG question -- will the new company need to refile for labor, I-140, I-1485? I would imagine I get to keep the PD since this is just EB2 to EB2. Really want some clarification on the Greencard question, H1 transfer is no issue.

Thanks again!

[TO BE OR NO TO BE]

Thanks for the reply. And yes, I agree that I cannot use AOS as my wife would lose the status. And hence the question -- that if I transfer my H1 and use that in the new job (which won't be an issue, I know), what happens to my Greencard application? That is the BIG question -- will the new company need to refile for labor, I-140, I-1485? I would imagine I get to keep the PD since this is just EB2 to EB2. Really want some clarification on the Greencard question, H1 transfer is no issue.

Thanks again!

I don't think you will have any issue with your green card application at all. Read Yates memo (dated Dec. 2005) Google AC-21 memo, you will see a bunch of memos. They explain step by step process in case of people with different situations. In your case, again, I don't think you will have to worry about your green card processing as it will not get impacted by your job change and H-1B transfer.

There is also a detailed blog written by one of the IV members. Read that, that has very good information too.

PM me if you have more questions.