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-   -   **HELP** on update of I 140 EAD Status - Change of employer (https://archive.immigrationvoice.org/forum/showthread.php?t=3096381)

NaCh007 08-04-2015 12:11 PM

**HELP** on update of I 140 EAD Status - Change of employer
 
Hi,

Here is my current situation

- On H1B from 2007
- Approved I-140 under EB2 from India
- Priority date May 2011

Can I change my employer now? Do we have chances of getting I-140 EAD soon? I got an offer from a company who are ready to process my GC immediately upon joining, but not sure how long will it take to come to to I-140 stage again. Any ideas on timelines?

Please advise whether this is the right time to change the employer or the rule 1615-AC05 will come into effect this october, 2015?

Thanks,
Naren

s416504 08-04-2015 01:51 PM

You should request current employer to hold on you GC process. Simulteneously join & start processing GC from New Employer. If current employer agrees, you are free bird to switch employer.
If New employer don't proceed/Issue with GC, As soon as PD is current, You have choice of filing I485 with current employer & join back to current employer on GC.

No issue when Rule 1615-AC05 come into effect.

NaCh007 08-04-2015 02:44 PM

Thank you fore you reply.

These are big product based companies and not possible to join them back whenever I want to.

' No issue when Rule 1615-AC05 come into effect. ' - Can you please elaborate on this? Any optimistic timelines by when 1615-AC05 will come into effect?

If 1615-AC05 comes into effect from this october 2015, then I think,. I should wait rather than jeorpardizing my situation, by restarting my GC process from beginning again.

Please advise.

Thanks.

pd052011 08-04-2015 04:34 PM

Quote:

Originally Posted by NaCh007 (Post 3589046)
Thank you fore you reply.

These are big product based companies and not possible to join them back whenever I want to.

' No issue when Rule 1615-AC05 come into effect. ' - Can you please elaborate on this? Any optimistic timelines by when 1615-AC05 will come into effect?

If 1615-AC05 comes into effect from this october 2015, then I think,. I should wait rather than jeorpardizing my situation, by restarting my GC process from beginning again.

Please advise.

Thanks.

Do not jeopardize your career waiting for a regulation that is yet to pass. If the new job means a good career move for you my recommendation is for you to take it.

As long as your I-140 is active.

sunny0101 08-04-2015 05:03 PM

I am in the same situation. PD is 2008 but in EB3. The new employer is willing to do EB2 after 6 months. This has been the most stressful time i have to go through. After waiting so long hate to miss on the chance of filing for EAD/AP/I485. Please provide some guidance.

DMX17 08-05-2015 09:42 AM

Quote:

Originally Posted by sunny0101 (Post 3589048)
I am in the same situation. PD is 2008 but in EB3. The new employer is willing to do EB2 after 6 months. This has been the most stressful time i have to go through. After waiting so long hate to miss on the chance of filing for EAD/AP/I485. Please provide some guidance.

Take the offer and port the PD. EB2 2008 is much better than EB3 2008.

DMX17 08-05-2015 09:48 AM

Quote:

Originally Posted by NaCh007 (Post 3589046)
Thank you fore you reply.

These are big product based companies and not possible to join them back whenever I want to.

' No issue when Rule 1615-AC05 come into effect. ' - Can you please elaborate on this? Any optimistic timelines by when 1615-AC05 will come into effect?

If 1615-AC05 comes into effect from this october 2015, then I think,. I should wait rather than jeorpardizing my situation, by restarting my GC process from beginning again.

Please advise.

Thanks.

Below is what I had posted before and the same advice still stands as no new information is available about when the I-140EAD/AP will go into effect:

Although I have no inside info nor am I trying to predict anything, just sharing my logic in hope of helping people make the right decision for their situation.

It is reasonable to assume that any "significant" visa movement is not going to happen until the new fiscal year based on available info on visa bulletin trends. If this happens first thing Oct 1st, 2015 and we all file I-485, then too you will have to wait 6 months before AC21 kicks in. You are free in March 2016!

All goes well, we also know that I-140 EAD/AP will also likely happen around March 2016. Then you file EAD/AP and after approval (typically 90 days), you are free in June 2016!

In any of two scenarios above, you will get your GC when your turn comes anyway (unless HR 213).
So:
1) If you can work on the same job until June 30th, 2016 (1 years from now) and not willing to go through the hassle of starting over PERM/I-140/Recapture of PD in addition to H1/H4 extensions, hang tight and help IV in whatever way you can
2) If you are offered your dream job that you hope to get only with a GC, you mission is accomplished if the new employer is willing to do steps in 1) above. Still help IV.
3) If you want to open a business right now, use the H4 spouse!

max4438 08-05-2015 11:28 AM

@DMX17

Thanks, I saw your advise earlier and iitis the best I've seen with good assumptions regarding timelines.

My only concern now after seeing the recent developments is if it is wise to depend on EAD and//or AP for I140. Recent reports have refrained from mentioning this piece. This is of course speculation from my end. I understand that no one here has any new information apart from what is released publlically. However, still worth taking note of as an assumption that nothing gets done and status quo is maintained.

DMX17 08-05-2015 01:03 PM

Max...

I share your frustration and I have shared I need this rule like yesterday. But my wish and discussing what the new rule may or may not contain etc. does not help anyone.

I know the senior members on various fora have and continue to speculate and often go in circles. That is entertaining but does not change anything.

I think it will be prudent to go on with life (not only career) with the known information. The report is out for some time now and there is no point in ruminating over that.

max4438 08-05-2015 02:46 PM

DMX,

I agree, the only wise action to take is to support IV and its initiatives while making career/life decisions expecting status quo to remain. Sounds stoic but better than feeling disheartened every month and browsing forums endlessly.

waitinglongtime 08-05-2015 06:33 PM

Why we have file I-485 and I-140 EAD/AP both
 
Quote:

Originally Posted by DMX17 (Post 3589058)
Below is what I had posted before and the same advice still stands as no new information is available about when the I-140EAD/AP will go into effect:

Although I have no inside info nor am I trying to predict anything, just sharing my logic in hope of helping people make the right decision for their situation.

It is reasonable to assume that any "significant" visa movement is not going to happen until the new fiscal year based on available info on visa bulletin trends. If this happens first thing Oct 1st, 2015 and we all file I-485, then too you will have to wait 6 months before AC21 kicks in. You are free in March 2016!

All goes well, we also know that I-140 EAD/AP will also likely happen around March 2016. Then you file EAD/AP and after approval (typically 90 days), you are free in June 2016!

In any of two scenarios above, you will get your GC when your turn comes anyway (unless HR 213).
So:
1) If you can work on the same job until June 30th, 2016 (1 years from now) and not willing to go through the hassle of starting over PERM/I-140/Recapture of PD in addition to H1/H4 extensions, hang tight and help IV in whatever way you can
2) If you are offered your dream job that you hope to get only with a GC, you mission is accomplished if the new employer is willing to do steps in 1) above. Still help IV.
3) If you want to open a business right now, use the H4 spouse!

Thanks for information,
I have one question, You said If this happens first thing Oct 1st, 2015 and we all file I-485, then in next paragraph you said file EAD/AP

If we file I-485 on Oct 2015, then why we have to file EAD/AP on March-2016. Because I-485 includes EAD/AP.

Please advise/explain.
Thanks

neodyn55 08-05-2015 07:13 PM

Quote:

Originally Posted by DMX17 (Post 3589058)
Below is what I had posted before and the same advice still stands as no new information is available about when the I-140EAD/AP will go into effect:

Although I have no inside info nor am I trying to predict anything, just sharing my logic in hope of helping people make the right decision for their situation.

It is reasonable to assume that any "significant" visa movement is not going to happen until the new fiscal year based on available info on visa bulletin trends. If this happens first thing Oct 1st, 2015 and we all file I-485, then too you will have to wait 6 months before AC21 kicks in. You are free in March 2016!

All goes well, we also know that I-140 EAD/AP will also likely happen around March 2016. Then you file EAD/AP and after approval (typically 90 days), you are free in June 2016!

In any of two scenarios above, you will get your GC when your turn comes anyway (unless HR 213).
So:
1) If you can work on the same job until June 30th, 2016 (1 years from now) and not willing to go through the hassle of starting over PERM/I-140/Recapture of PD in addition to H1/H4 extensions, hang tight and help IV in whatever way you can
2) If you are offered your dream job that you hope to get only with a GC, you mission is accomplished if the new employer is willing to do steps in 1) above. Still help IV.
3) If you want to open a business right now, use the H4 spouse!

Not to mention if the rule allows non-revoked I-140s from previous employers (provided you stayed 1 year after I-140 approval), you wouldn't need to wait for your current employer to go through PERM and I-140 all over again. In that case, you'll be fine anyway.

The EAD is only useful if your future employer is averse to filing H1Bs. If he's not, there's only a little bit more you can gain.

I-140 portability is huge though.

I would say if the offer is really good and close to your "dream job" then go for it. All this stuff will work itself out over the next few years.

neodyn55 08-05-2015 07:16 PM

Also, I don't know if IV has any inside info, but the October dates are supposed to result in modest forward movements. I'm not sure it'll be everyone current like 2007. That was a debacle and it actually took threat of lawsuit to keep the dates current for the whole month.

I'm not sure that admin will ever try something like that again, so keep that in mind.

DMX17 08-06-2015 08:49 AM

Quote:

Originally Posted by waitinglongtime (Post 3589067)
Thanks for information,
I have one question, You said If this happens first thing Oct 1st, 2015 and we all file I-485, then in next paragraph you said file EAD/AP

If we file I-485 on Oct 2015, then why we have to file EAD/AP on March-2016. Because I-485 includes EAD/AP.

Please advise/explain.
Thanks


1) that statement was made two months ago where WE ALL meant those who speculate that they will be current in Oct
2) So if you can file AOS/EAD/AP based on dates current, of couse you would not file EAD?AP again with I-140 EAD

Again, please please do not take me seriously. I am just a forum member supporting IV in their efforts because last year this time the legal community has NOTHING to look forward to and now we have this possibility.

DMX17 08-06-2015 09:05 AM

Quote:

Originally Posted by neodyn55 (Post 3589070)
Not to mention if the rule allows non-revoked I-140s from previous employers (provided you stayed 1 year after I-140 approval), you wouldn't need to wait for your current employer to go through PERM and I-140 all over again. In that case, you'll be fine anyway.

I had asked the same question before and I believe the asnwer was we don't know until we know the final rule/follow-up FAQs etc.

In my opinion, the EAD/AP combo (?) card if given for three years (?) is much better than H1/H4 extensions because it's cheaper, something you can do yourself, it allows to you apply for jobs that specifcally ask for people with employment without any rescrtictions.


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