Avinash

Hi,
There is a confusion among my friends about how long one has to stay with
the employer.
So does one has to stay minimum 180 days with the employer after getting EAD
or after getting I140 approved? What if one changes jobs before that?
Thanks

Ingo Pakleppa

Actually, the 180 days are tied to neither of these. Rather, the 180 days
are tied to filing the I-485. Also, it is not 180 days after you filed the
I-485, but rather, you can change jobs as long as the I-485 processing
time is longer than 180 days. That is, most attorneys will tell you that
you can change jobs even earlier.

There are a couple more requirements:

- the new job must be in the same field.
- you need to have an EAD to work for the new employer, or get a new H-1B
- the I-140 must be approved (important if you use concurrent filing).

On Thu, 17 Apr 2003 11:06:51 -0500, Avinash wrote:

    > Hi,
    > There is a confusion among my friends about how long one has to stay
    > with the employer.
    > So does one has to stay minimum 180 days with the employer after getting
    > EAD or after getting I140 approved? What if one changes jobs before
    > that? Thanks

Andrew

I was wondering about this - once the I-140 is approved, does the 180
days retroactively apply to when the I-485 was filed, or does it start
once the I-140 is approved ? If the latter, it would seem to negate the
benefit of concurrent filing (assuming one is anticipating a job change).

In article ,
"Ingo Pakleppa" wrote:


    > There are a couple more requirements:
    >
    > - the new job must be in the same field.
    > - you need to have an EAD to work for the new employer, or get a new H-1B
    > - the I-140 must be approved (important if you use concurrent filing).
    >
    > On Thu, 17 Apr 2003 11:06:51 -0500, Avinash wrote:
    >
    > > Hi,
    > > There is a confusion among my friends about how long one has to stay
    > > with the employer.
    > > So does one has to stay minimum 180 days with the employer after getting
    > > EAD or after getting I140 approved? What if one changes jobs before
    > > that? Thanks

Ingo Pakleppa

Remember that the criterion is not "180 days after XXX" but rather "the
I-485 takes more than 180 days". That means that it is irrelevant how long
the I-140 takes.

But you are right, concurrent filing may indeed negate the benefit. This
is because the way concurrent filing was envisioned is that a BCIS officer
simply looks at both forms at the same time and approves both at the same
time. Fortunately (or not) it doesn't seem to work that way; several
people reported that their I-140 was approved earlier than the I-485.

On Thu, 17 Apr 2003 20:54:41 -0700, Andrew wrote:

    > I was wondering about this - once the I-140 is approved, does the 180
    > days retroactively apply to when the I-485 was filed, or does it start
    > once the I-140 is approved ? If the latter, it would seem to negate the
    > benefit of concurrent filing (assuming one is anticipating a job change).
    > In article ,
    > "Ingo Pakleppa" wrote:
    >
    >
    >> There are a couple more requirements:
    >>
    >> - the new job must be in the same field.
    >> - you need to have an EAD to work for the new employer, or get a new H-1B
    >> - the I-140 must be approved (important if you use concurrent filing).
    >>
    >> On Thu, 17 Apr 2003 11:06:51 -0500, Avinash wrote:
    >>
    >> > Hi,
    >> > There is a confusion among my friends about how long one has to stay
    >> > with the employer.
    >> > So does one has to stay minimum 180 days with the employer after getting
    >> > EAD or after getting I140 approved? What if one changes jobs before
    >> > that? Thanks