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srsrsr
07-19-2007, 09:17 PM
Hello everyone!

I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!

Thanks,
Raj

Azgc005
07-19-2007, 10:04 PM
Provided your future employer is willing to transfer H1-B

nave_kum
07-19-2007, 10:26 PM
[QUOTE=srsrsr]Hello everyone!

I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!

Thanks,
Raj[/QUOTE

If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.

vulcanfly
07-19-2007, 11:12 PM
So we can transfer our H1's but can we still have our 485 applications pending

sundarpn
07-19-2007, 11:39 PM
Nave_Kum,
I don't understand your post. can you explain?

I too want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)

If I change to a new employer after 6 months (on H1b transfer):
1. Will my 485 remain in good standing

2. Can I get 3 yr extension of H1b from the new employer(as I have I-140 copy).

3. Can I file my spouses 485 when the dates become current (despite working for a new employer on H1b.)


If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]

delhirocks
07-19-2007, 11:40 PM
I am not 100% sure, this is my understanding, you can change jobs 180 days after


you start working on ead

After your 140 is aprooved

Hello everyone!

I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!

Thanks,
Raj

new_horizon
07-20-2007, 12:19 AM
I have the same question. I've just filed my I-485, and am waiting for the receipt number. Is it advisable to continue on H1b rather than switching to EAD? My company lawyer is advising against applying for EAD.
Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:

techbuyer77
07-20-2007, 09:54 AM
If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]

this is not correct. You can use EAD to work wherever and whenever you want. If you get laid off after let say 1 month from filing, it is safer to transfer h1b, but it is not true that if you use EAD you should go back to original sponsor.
You must only go back IF AOS IS APPROVED within 180 dyas from filing.

anzerraja
07-20-2007, 10:26 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.

So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.

There is a funding drive in this other thread towards reimbursing the administrative costs of IV.

http://immigrationvoice.org/forum/sh...ad.php?t=10708

Could you please pledge an amount ?

tinamatthew
07-20-2007, 10:49 AM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)

techbuyer77
07-20-2007, 10:58 AM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)
If i-140 is approved and i-485 is pending more than 180 days invoke ac21 with new job with similar duties and salary at least what labor said. Not need to file no new i-140

rolrblade
07-20-2007, 02:33 PM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)

All :

this discussion is covered in more detail on this thread.

http://immigrationvoice.org/forum/showthread.php?t=10693

Please follow it there. It will help answer so many of your questions.

Sorry techbuyer....to steal your thunder :)

maverick_neo
07-21-2007, 01:49 AM
All :

this discussion is covered in more detail on this thread.

http://immigrationvoice.org/forum/showthread.php?t=10693

Please follow it there. It will help answer so many of your questions.

Sorry techbuyer....to steal your thunder :)

You are wrong, thread you mentioned covers people < 180 days, whereas this thread covers >180 days. Sorry to steal your thunder :)

sbdol
07-21-2007, 10:51 PM
I have the same question. I've just filed my I-485, and am waiting for the receipt number. Is it advisable to continue on H1b rather than switching to EAD? My company lawyer is advising against applying for EAD.
Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:.

The advantage of H1-B is that if for some reason for example I-140 is denied you can continue on H1-B and refile.

desidude
07-22-2007, 01:12 AM
sundarpn,

I had the same questions and clarified with my attorney.

1. Yes, you can change your job after 180 days, as you get the portability. Your 485 will remain good standing.

2. Yes, you can extend.

3. Doesn't matter who your new employer is, you can still sponser your wife when dates are current in the future, provided your wife should be living in US then.


Nave_Kum,
I don't understand your post. can you explain?

I too want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)

If I change to a new employer after 6 months (on H1b transfer):
1. Will my 485 remain in good standing

2. Can I get 3 yr extension of H1b from the new employer(as I have I-140 copy).

3. Can I file my spouses 485 when the dates become current (despite working for a new employer on H1b.)


If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]

GCVictim
07-24-2007, 02:20 PM
I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.

Question:

My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?

Please seniors advice on this. because she is going to get contract-to-hire position.