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Old 05-03-2011, 01:46 PM
bugsbunny bugsbunny is offline
Donor
Priority Date
:
Aug-07
Category
:
EB3
I140 Mailed Date
:
08/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/10/2007
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Join Date: Dec 2007
Posts: 372
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Quote:
Originally Posted by deziliu View Post
Hi, all:

I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:

(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.

I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.

So, my questions are:

(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
i think you can do this on EAD but confirm with and immigration attorney

(2). Is there any problem to new my EAD card since I lost my H1-B visa?
you can work on EAD without H1B but you will be carrying more risk

(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
Yes you should file AC 21 related forms and supporting documents. your new job should be in "same or similar" category as you GC job as defined by dept. of labor job codes and descriptions.
BTW its not INS anymore its USCIS


(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Make sure you obtain a copy of your approved I-140. If your current employer revokes it, USCIS might send you a RFE or NOID and you will need to respond with letter of employment from the new employer and submit supporting documentation that your I-140 was already approved and that your new job is similar to the old one.

Thanks.

Bruce
see answers inline
you can also ask your questions during the free weekly attorney calls we have on thursdays
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