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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 03-25-2008, 11:29 AM
Member
Priority Date
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Apr-04
Category
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EB2
I140 Mailed Date
:
Chargeability
:
India
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I485 Mailed Date
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Default Transfer H1 to new employerTransfer H1 to new employer after 180 days of EAD

Hi All,

I got my EAD in Oct. I-140 is approved and I-485 is pending in EB2. My wife has got SSN on her EAD, my daughter is still on H4.

I am working on H1B with the same employer who processed my H1. Now, I got a new Job and I still have 3+ years years left in 6 years duration of H1 period.

My question is:

1. Can I transfer my H1 to new employer, without affecting my GC process ? I have good relation with my employer and they can hire me back if I want any time later.

2. As 180 days have passed, I can work on EAD also with new employer. Which is better option - working on H1 with 3+ years remaining in H1 or working on EAD ? Money is not an issue here as my new employer will take care of that.

3. My daughter is still on H4 but my wife has used her EAD. Once I transfer H1 to new company, what things should I care of, like:
(a) I have to transfer H4 for my daughter also ?
(b) What about H4 of my wife ? - She has valid H4 stamped on passport and took SSN also based upon EAD.


Thanks
dc
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  #2 (permalink)  
Old 03-25-2008, 02:06 PM
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Apr-04
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I140 Mailed Date
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I485 Mailed Date
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Join Date: Jun 2007
Posts: 66
dc2007 is on a distinguished road
Default

Thanks a lot for the quick reply. I was also thinking to go for H1 as I don't have to renew EAD every year.

My wife has worked on a project and got some money on 1099. and as I said earlier that she has taken SSN based upon her EAD.

Does it mean that she has started using EAD ?

and now her H4 is invalid ?

I have got all copies of my labor, I-140 etc. and it has been more than 180 days that I have got my EAD. Do I need anything else from my old employer ?
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