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Switch jobs during I-485 (23 months pending @ TSC) - safe?

Switch jobs during I-485 (23 months pending @ TSC) - safe?

Old Apr 12th 2001, 11:16 am
  #1  
Priyo Majumdar
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Hello folks,

Heard there is a new law by which one can switch jobs when I-485 is pending more than
180 days and still keep I-485 application valid (23 months/690 days for us as of
now). Request advice from knowledgeable folks on the following:

1. Is job switching doable without jeopardizing on-going I-485?
2. If doable, am I allowed to transfer H-1 to new employer, since I have not used
EAD yet? This to keep travel paperwork requirements simple, and so as to NOT HAVE
TO use AP.
3. May my wife continue to use her EAD? She was H4, but has used EAD and AP.
4. If it is really allowable, is it advisable?
5. Anybody has first hand experience using this?

PM
 
Old Apr 12th 2001, 12:30 pm
  #2  
Michael E. Piston
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1. Under Section 106 of the American Competitiveness Act of 2000, a person whose
application for adjustment of status has been pending for over 180 days may leave
his petitioning employer if he takes a job in the same or a similar occupation and
continue his I-485 application. Although it is not clear from the statute, INS has
verbally commented at 2 recent conferences that this provision is applicable to
I-485s filed prior to the AC21 effective date of 10/21/00.
2. You would need to file a new H-1b petition to work for the new employer. You may
start working upon the filing of an H-1B petition (and approval of an LCA) if you
meet the portability requirements of AC21 Sec. 106.
3. Your wife's EAD remains valid to work for anyone until it expires.

Michael E. Piston Attorney at Law 4000 Livernois Ste 110 Troy, MI 48098
4/680-0600

My comments are based upon my over 15 years of full time experience as an immigration
attorney. It has not been confirmed by research, and one or more immigration
officials or other attorneys may disagree. This is not legal advice and is provided
on the understanding that no attorney-client relationship is created or intended.

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Old Apr 13th 2001, 1:20 am
  #3  
Siva Subramaniam
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Posts: n/a
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Along the same lines, I have this question. If a person is still on H-1B but also
has EAD and AP, can he/she just move to another employer while keeping the I-485
processing unaffected. This person's I-485 is pending for 18 months and PD is not
yet current).

Thanks,

-Siva

in article 5TxB6.10851$%[email protected], Michael E. Piston at
[email protected] wrote on 4/13/01 3:26 AM:

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[usenetquote2]>> Hello folks,[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> Heard there is a new law by which one can switch jobs when I-485 is[/usenetquote2]
    >
[usenetquote2]>> more than 180 days and still keep I-485 application valid (23 months/690 days for[/usenetquote2]
[usenetquote2]>> us as of now). Request advice from knowledgeable folks on the following:[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> 1. Is job switching doable without jeopardizing on-going I-485?[/usenetquote2]
[usenetquote2]>> 2. If doable, am I allowed to transfer H-1 to new employer, since I have[/usenetquote2]
    >
[usenetquote2]>> used EAD yet? This to keep travel paperwork requirements simple, and so[/usenetquote2]
    >
[usenetquote2]>> to NOT HAVE TO use AP.[/usenetquote2]
[usenetquote2]>> 3. May my wife continue to use her EAD? She was H4, but has used EAD and AP.[/usenetquote2]
[usenetquote2]>> 4. If it is really allowable, is it advisable?[/usenetquote2]
[usenetquote2]>> 5. Anybody has first hand experience using this?[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> PM[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
 

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