I-485 Pending and Job Change via H1 Transfer

[phkb]

Hello,

I am in a very peculiar situation and I wanted to suggestions from fellow members. My priority date of Feb 2010 just got current and my employer is getting ready to file for my I-485 this month.
While this is in process, I have got an unbelievable opportunity somewhere else with almost 40% raise, exciting new position and very good benefits. I am seriously thinking of accepting this opportunity.
My new employer understands that he will have to file for labor and new 140 for me
My questions are:
1) Will there be any problems in the H1 transfer process because this will be alongside my I-485 application with my current employer. I cannot really stop my current employer from filing for I-485 because of all the uncertainty.
2) If during this process, I get biometrics appointments and EADs before the H1 transfer happens, what do I do with them?
3) Can the employer withdraw an applied 485? I thought they could only withdraw I-140. And even if they do that, I can still retain my priority date correct?

Both my new and old positions are full time positions and if it matters, I work in Non-IT - Mechanical Engineering field ...and in my line of work such opportunities are far in between.

All suggestions welcome !

Thanks

[MahaBharatGC]

First of all congrats on two grounds!
Being current to file Adjustment of Status and new offer.
Adjustment of status (I-485) is something you have to file, not employer. So, it is your call to withdraw it or USCIS :-) for some other reasons...you already might know.
Now, remember GC is for future employment in context so yes your current GC sponsor can revoke/withdraw I-140, that is why you must use your H1 transfer so that you would not be out of status as you do not have EAD either.

Once I-140 is approved the priority date sticks with you.. I believe..double check with your new employer immigration lawyer...so it is your call..good luck!

[phkb]

Thank you for the reply MahaBharatGC ...
I didn't understand your statement
"So, it is your call to withdraw it or USCIS :-) for some other reasons...you already might know"
Sorry ...slow day today :)

Thanks !


First of all congrats on two grounds!
Being current to file Adjustment of Status and new offer.
Adjustment of status (I-485) is something you have to file, not employer. So, it is your call to withdraw it or USCIS :-) for some other reasons...you already might know.
Now, remember GC is for future employment in context so yes your current GC sponsor can revoke/withdraw I-140, that is why you must use your H1 transfer so that you would not be out of status as you do not have EAD either.

Once I-140 is approved the priority date sticks with you.. I believe..double check with your new employer immigration lawyer...so it is your call..good luck!

[Amman]

Hello,

I am in a very peculiar situation and I wanted to suggestions from fellow members. My priority date of Feb 2010 just got current and my employer is getting ready to file for my I-485 this month.
While this is in process, I have got an unbelievable opportunity somewhere else with almost 40% raise, exciting new position and very good benefits. I am seriously thinking of accepting this opportunity.
My new employer understands that he will have to file for labor and new 140 for me
My questions are:
1) Will there be any problems in the H1 transfer process because this will be alongside my I-485 application with my current employer. I cannot really stop my current employer from filing for I-485 because of all the uncertainty.
2) If during this process, I get biometrics appointments and EADs before the H1 transfer happens, what do I do with them?
3) Can the employer withdraw an applied 485? I thought they could only withdraw I-140. And even if they do that, I can still retain my priority date correct?

Both my new and old positions are full time positions and if it matters, I work in Non-IT - Mechanical Engineering field ...and in my line of work such opportunities are far in between.

All suggestions welcome !

Thanks
if I were you, i would let my current employer file i-485 and wait for 6 months then switch the job. though there may be other legal ways to handle this situation, I think this is the safest way. I made same kind of mistake by switching companies and now waiting another million years to get my gc (my first GC labor was applied OCT 2000). No one else understand your situation than you, so think twice, consult with an attorney..

[phkb]

Thanks Amman,
I understand your concern. This itself has stopped me from accepting the offer !
I am going to talk with the prospective employer to see if they are willing to wait for 6 months. Being a big Oil company ....I expect not !
The opportunity is hard to resist ...6 figure sum involved + loads of benefits.
Hopefully you and other members will help me come to a decision ... and I guess in life ..we always have to live by the decisions we take !

Thanks !

[MahaBharatGC]

What I meant is that, as it is you who would initiate filing of I-485 (last stage in GC), either directly or through your GC sponsor employer's legal, it is your application and relies on your background checks. So, unless USCIS sees any reason to cancel it, only you can request to revoke it (when I say you can request, you are your representative - lawyer). Hope that makes the cloud clear...
All the best!

[phkb]

Gotcha ! Thanks !

What I meant is that, as it is you who would initiate filing of I-485 (last stage in GC), either directly or through your GC sponsor employer's legal, it is your application and relies on your background checks. So, unless USCIS sees any reason to cancel it, only you can request to revoke it (when I say you can request, you are your representative - lawyer). Hope that makes the cloud clear...
All the best!

[GCHope2011]

Hello,

I am in a very peculiar situation and I wanted to suggestions from fellow members. My priority date of Feb 2010 just got current and my employer is getting ready to file for my I-485 this month.
While this is in process, I have got an unbelievable opportunity somewhere else with almost 40% raise, exciting new position and very good benefits. I am seriously thinking of accepting this opportunity.
My new employer understands that he will have to file for labor and new 140 for me
My questions are:
1) Will there be any problems in the H1 transfer process because this will be alongside my I-485 application with my current employer. I cannot really stop my current employer from filing for I-485 because of all the uncertainty.
2) If during this process, I get biometrics appointments and EADs before the H1 transfer happens, what do I do with them?
3) Can the employer withdraw an applied 485? I thought they could only withdraw I-140. And even if they do that, I can still retain my priority date correct?

Both my new and old positions are full time positions and if it matters, I work in Non-IT - Mechanical Engineering field ...and in my line of work such opportunities are far in between.

All suggestions welcome !

Thanks
In my view, unless you are in the imminent danger of being laid-off by your current employer, you should go ahead and file I-485, and get EAD. If you are really that good, believe me, there will still be similar of better opportunities that will come your way in six-months.

The economy is improving, and the EB utilization is likely to grow in the next years. And just in case dates retrogress, you will rue the decision to not file I-485 when you had the opportunity to do so. Also, as the economy is improving, it will also mean better and more job offers as well.

From a career and life perspective, it is more important to secure a stable and permanent base to build your career on.

Six months wait will not seem much when you look at in that context. I know of people who waited to file, waited to start the process, delayed providing attorneys with the required information by a few months, which then caused them years and years of frustration as dates retrogressed by years and then stayed there.