New Employment on EAD

[sinha]

Hi!

I am on EAD for the past 2 years and I-140 was also cleared more than 2 years ago. Now, I am getting a very good offer from another company. If, I take the offer, can my present employer (who soponsored teh Green Card) do anything. What shall I do? Pls enlighten.

Thanks.

[roseball]

Originally Posted by sinha

Hi!

I am on EAD for the past 2 years and I-140 was also cleared more than 2 years ago. Now, I am getting a very good offer from another company. If, I take the offer, can my present employer (who soponsored teh Green Card) do anything. What shall I do? Pls enlighten.

Thanks.

You can find tons of discussions on this topic. Just do a search for AC21 and you will have all the information you want to know.

In short, the answer is, if the new employment (job duties) is the same or similar to what was listed on your labor certification/I-140 and your new employer is willing to continue to support you through out the GC process (respond to potential RFEs related to employment verification letter, etc) then you shouldn't have any problems with changing jobs. Since you are already past the 180 day I-485 pending period, you are protected by the AC21 provisions. The max damage your old employer can do is to revoke your approved I-140 petition. If that happens, USCIS will send you a "Notice of Intent to Deny" and will ask you to provide proof of employment in same or similar job from your current employer. If your new employer can respond with a letter stating your job title, job duties, and intention to hire you on a permanent basis upon GC approval, your I-485 process will resume again. Hope this helps..

[rsharma]

Originally Posted by sinha

Hi!

I am on EAD for the past 2 years and I-140 was also cleared more than 2 years ago. Now, I am getting a very good offer from another company. If, I take the offer, can my present employer (who soponsored teh Green Card) do anything. What shall I do? Pls enlighten.

Thanks.

Per my knowledge. GC sponsoring employer can withdraw I140 any time before GC is approved.
However if your I140 is approved and its past 180 days after you have filled your 485 ( Adjustment of Status) and above all you new job is in the same and simillar category then you can invoke the provisions under the AC21 America Competetiveness 21 century) law.

You an send your new job responsibilities and new employment details to USCIS either just after changing job or after (if) your I140 is revoked. There is a point of disagreement between the differenet lawyers regarding the timing/requirement of invoking AC21 clauses.

However I am not a lawyer the above stated statements are based on my interpretation of the topics read in IV/ Murthy.com/Immigration.com and other immigration related forums. My suggestion would be to contact an immigration lawyer and also request to let us know his/her advice on this issue.