Advice needed - Job Change with i-140 Approved and no EAD

[GCSeekerIndia]

Gurus,

I need advice from you . Here is my situation. I am on Eb2 with March 2011 as my priority date. I am on my 7th year of H1B and working with a Consulting company... I am having a job offer for a Full Time, but with a different designation wtih more responsibilities that my current one. Can I switch my job without any issue and can i use my old prioroty date for my new GC? I am having 15 years of IT experience and with Masters from India...And I am getting a Director designation while my current PERM is for a Software Engineer.

Thanks in advance.
Manoj

[qesehmk]

Manoj

Congratulations on the new offer. Usually promotion in the same line of work is not a problem. If your 140 was approved then your PD is locked and so yes you can retain it. But if your 485 is not filed AND pending for 6 months then you need to press reset button on your GC.

Now in this case - if you are restarting your GC then it doesn't matter what like of work you are taking up. Because this will be a brand new GC application. PD can be retained without restrictions as long as 140 was approved.

Gurus,

I need advice from you . Here is my situation. I am on Eb2 with March 2011 as my priority date. I am on my 7th year of H1B and working with a Consulting company... I am having a job offer for a Full Time, but with a different designation wtih more responsibilities that my current one. Can I switch my job without any issue and can i use my old prioroty date for my new GC? I am having 15 years of IT experience and with Masters from India...And I am getting a Director designation while my current PERM is for a Software Engineer.

Thanks in advance.
Manoj

[RogerFederer]

Gurus,

I need advice from you . Here is my situation. I am on Eb2 with March 2011 as my priority date. I am on my 7th year of H1B and working with a Consulting company... I am having a job offer for a Full Time, but with a different designation wtih more responsibilities that my current one. Can I switch my job without any issue and can i use my old prioroty date for my new GC? I am having 15 years of IT experience and with Masters from India...And I am getting a Director designation while my current PERM is for a Software Engineer.

Thanks in advance.
Manoj

U first need to secure h1. Then u would need to transfer to ft employer. After successful transfer u can change jobs. Don't worry about respnb and title. It doesn't matter. Yes u can retain pd unless uscis revokes as a fraud app. Else u r good.
Congratulations on new offer..spend extra money go for premium H1 XFER.

[SeekingGC2013]

Hey All Gurus

Any prediction what the F2A priority date might look like in the next year or 2? Looks like the current PD is sept 2013 - would it continue to be like that - with just an year backlog or return back to 3-4 yrs timelines for becoming current?

please advice

thanks

[rs3533]

Hi Q, Spec and Others

I need some advise. After waiting for so many yrs my priority date Sep 2008 is about to get current next month i.e Aug 14 bulletin. I am into wierd situation where things are not going well in my current job and I have an option of taking new job at new employer. I am not clear about the process and timelines of getting finger printing, EAD and GC etc. My questions :

What happens when someone quits job within 6 months after filing 485?

Is the rule that applicant should stay for six month with sponsoring employer after receiving EAD or GC?

Thanks in advance

[qesehmk]

Hi Q, Spec and Others

I need some advise. After waiting for so many yrs my priority date Sep 2008 is about to get current next month i.e Aug 14 bulletin. I am into wierd situation where things are not going well in my current job and I have an option of taking new job at new employer. I am not clear about the process and timelines of getting finger printing, EAD and GC etc. My questions :

What happens when someone quits job within 6 months after filing 485?

Is the rule that applicant should stay for six month with sponsoring employer after receiving EAD or GC?

Thanks in advance

rs - are you EB2/3? And when (if) you filed 485?

[rs3533]

Hi Q

I am EB2 Sep 2008 and a porter. I am first time filer of 485 if my priority date goes current as per predictions. Its a tough situation after waiting for so many years for GC at current employer, I have come across an opportunity last minute, which will be good career decision in similar field that I work. Pls let me know what you think.

[qesehmk]

rs

I can see how tenuous your situation is. You just don't have the AC21 protection yet and will not have it until 6 months past filing of 485.

So I think your options are.

A) Stay where you are at least for 6 months after 485 is filed.
B) Move to the new job with a promise from old employer to still continue your GC processing.
C) Move to the new job with a promise from new employer to process your GC. You will get your GC relatively quickly since your date is now locked.

You can of course do B and C together.

You may want to wait till other Gurus chime in.

My best wishes to you.

Hi Q

I am EB2 Sep 2008 and a porter. I am first time filer of 485 if my priority date goes current as per predictions. Its a tough situation after waiting for so many years for GC at current employer, I have come across an opportunity last minute, which will be good career decision in similar field that I work. Pls let me know what you think.

[Spectator]

Hi Q, Spec and Others

I need some advise. After waiting for so many yrs my priority date Sep 2008 is about to get current next month i.e Aug 14 bulletin. I am into wierd situation where things are not going well in my current job and I have an option of taking new job at new employer. I am not clear about the process and timelines of getting finger printing, EAD and GC etc. My questions :

What happens when someone quits job within 6 months after filing 485?

Is the rule that applicant should stay for six month with sponsoring employer after receiving EAD or GC?

Thanks in advance

You would put yourself in a potentially perilous position, dpending on how the existing employer might act.

AC21 portability of the I-140 to a "same or similar" job does not become effective until the I-485 has been pending for 180 days.

Up to that point, if the Employer requests withdrawal, and USCIS act to revoke the I-140 petition, then the I-485 would have to be denied, since their would no longer be an underlying I-140 to base it on.

I think Q has already described the options.

[rs3533]

Thanks Q
Very helpful but follow up questions.

1. Does the physical GC always come 6 months after filing 485?
2. Is there a requirement that one has to stay with sponsoring employer after receiving physical GC card?
3. Assuming B does not happen, is it correct that for option C, I have to do PERM and I-140 with new employer and wait for next year until I get current again
4. Regarding B, how does an employer continue to sponsor when someone has filed 485 but has left within 180 days without AC21 protection.

Dont want to take too much time but educating myself and creating a case for anyone else to use this information in future.

[qesehmk]

Thanks Q
Very helpful but follow up questions.

1. Does the physical GC always come 6 months after filing 485?
2. Is there a requirement that one has to stay with sponsoring employer after receiving physical GC card?
3. Assuming B does not happen, is it correct that for option C, I have to do PERM and I-140 with new employer and wait for next year until I get current again
4. Regarding B, how does an employer continue to sponsor when someone has filed 485 but has left within 180 days without AC21 protection.

Dont want to take too much time but educating myself and creating a case for anyone else to use this information in future.

rs ... here are my best answers:
#1 - In your case you will most likely get GC within 6 months since filing 485. But for most people from India that is not true because of retrogression.
#2 - The requirement is for you and the employer to have the intent prior to GC for you to work in that position. But circumstances can change after receiving GC and USCIS understands that.
#3 - If you switch NOW and employer starts PERM now ... you have a chance to file 485 in October. I am sure the dates when they retrogress will do so in Nov or Dec (I almost think it has to be Dec). But your Oct/Nov window is gone then yes next year is when you can file 485.
#4 - Because GC is always future employment. Your current job is supported by your H1B and has nothing to do with GC job mentioned in 140. For most people they are the same is another thing.

[Spectator]

So I think your options are.

A) Stay where you are at least for 6 months after 485 is filed.
B) Move to the new job with a promise from old employer to still continue your GC processing.
C) Move to the new job with a promise from new employer to process your GC. You will get your GC relatively quickly since your date is now locked.

You can of course do B and C together.

Thanks Q
Very helpful but follow up questions.

1. Does the physical GC always come 6 months after filing 485?
2. Is there a requirement that one has to stay with sponsoring employer after receiving physical GC card?
3. Assuming B does not happen, is it correct that for option C, I have to do PERM and I-140 with new employer and wait for next year until I get current again
4. Regarding B, how does an employer continue to sponsor when someone has filed 485 but has left within 180 days without AC21 protection.

Dont want to take too much time but educating myself and creating a case for anyone else to use this information in future.

1. Does the physical GC always come 6 months after filing 485?

No. The PD has to be current at the time the I-485 is adjudicated for it to be approved. The Cut Off Dates can retrogress after the I-485 is submitted. The I-485 could not be approved until they moved past the PD again. For a new filer, the time might be nearer one year if the case is not approved before dates retrogress in FY2015.

3. Assuming B does not happen, is it correct that for option C, I have to do PERM and I-140 with new employer and wait for next year until I get current again

Yes, you would have to start with a new PERM and I-140 with the new Employer. Regardless of whether the previous employer withdraws the old I-140, you could retain the original PD for your new process.

4. Regarding B, how does an employer continue to sponsor when someone has filed 485 but has left within 180 days without AC21 protection.

They would have to have continue to have the intention to hire you once your I-485 was approved and you would have to continue to have the intention to join them at that time.

Frankly, it's a game, because most employers do not have that intention and neither does the employee, but once the I-485 has been pending the required 180 days, it becomes moot anyway because the I-140 portability kicks in.

[rs3533]

Thanks Spec and Q

I wonder you mentioned the word "game". Technically, if some one files 485 with original employer and recieves EAD cards after 90 days etc and decides to leave the existing employer to new "same or similar" position at new employer on H1B before 180 days pass by. The original employer does not do anything such as revoking I-140 and withdrawing 485 etc . Then 180 days go past 485 filing date and dates become current then you can file EVL using AC21 and get GC with new employer.

Is this a plausible scenario? What is wrong with it? Just curious !