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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1  
Old 09-09-2008, 11:41 PM
nkavjs nkavjs is offline
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Default COnfusing Situation

Friends- Please help me out. I am the primary applicant still on H1B but with EAD approved (unused). I am so far working with my employer on H1b for past 7 years on a 35 hours per week (a full time status). I got a offer from different employer, which I have to reply back as a Yes or No by this Thursday.
1) Can I work only 10-15 hours per week for my original employer on EAD?
2) WOuld working 10-15 hours per week for my orginal employer hurt my GC processing (my I140 is approved and EAD approved in oct 2007)
3) Can I work 20 hours with new employer and work 10 hours with original employer, Both on EAD. WOuld that hurt my GC processing?
4) If I go part-time on my existing job, would my employer have any legal authority to torture me?
5) How can I change my status from h1 to EAd and continue working 10-15 hours with my original employer.. not quit..but just lower my work-hours.

Please Please help me with answers. I am super-confused about this all.
Thanks
RPH
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PD: June, 2003, INDIANA
EB3 - RIR, INDIA (Primary)
LC Certified : JULY 2006
I-140 : TSC Approved Dec 20, 2006
I-485 -Spouse and Me :
Filed - NSC : 02 July,07
Receipts TSC : 02 Oct,07

EAD : Oct 17,07
AP : Nov 1, 2007.. (Atty recd. copies on 11-27-07)
EAD renewal1 : renewed till Oct 2010
AP renewal 1: renewed till 10/2009
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  #2  
Old 09-10-2008, 02:59 AM
Dhundhun Dhundhun is offline
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Originally Posted by nkavjs View Post
...I am so far working with my employer on H1b for past 7 years on a 35 hours per week (a full time status)...
In US full-time work is generally 40 hrs per week. Did you mention 35 hrs per week in labor? Just wondering about your 35hrs per week statement - is it OK or can it create problem any time in GC process?
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  #3  
Old 09-10-2008, 03:15 AM
Dhundhun Dhundhun is offline
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You are supposed to maintain full-time employment with one employer with the similar job profile mentioned in labor and I140. AFAIK, joining two employers to make one full-time job is not OK.

With another employer, additional work as part-time employment is OK.
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  #4  
Old 09-10-2008, 04:10 AM
meridiani.planum meridiani.planum is offline
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Default

Quote:
Originally Posted by Dhundhun View Post
You are supposed to maintain full-time employment with one employer with the similar job profile mentioned in labor and I140. AFAIK, joining two employers to make one full-time job is not OK.

With another employer, additional work as part-time employment is OK.
actually strictly speaking (& this is from my lawyer) OP can even stop working at this point. The only requirement is the presence of an OFFER of a job which meets the requirements in the labor and the I-140. Its much easier (in terms of authenticity of the offer) if the applicant is already working in a fulltime position that meets those requirements. But even if you are not working, or working part-time like OP wants to do, its OK; the law only requires that a fulltime offer be available with the expectation that the applicant will take it up once the GC is approved.
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  #5  
Old 09-10-2008, 10:07 AM
nkavjs nkavjs is offline
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Default

Quote:
Originally Posted by Dhundhun View Post
In US full-time work is generally 40 hrs per week. Did you mention 35 hrs per week in labor? Just wondering about your 35hrs per week statement - is it OK or can it create problem any time in GC process?
I think in my Labor and intial documentation it was stated that mine is part-time position working till 30-40 hours and many fields /industries have full time status starting 30 hours per week. Currently I am working 30 hours per week with my existing employer, which was due to family reasons.
One quick question, should I have to ask my employer if working part-time around 20 hours is ok with them or legally I should not worry about it and just drop down to part-time status. I just dont want any hassles at the time of GC.
Thxs
__________________
PD: June, 2003, INDIANA
EB3 - RIR, INDIA (Primary)
LC Certified : JULY 2006
I-140 : TSC Approved Dec 20, 2006
I-485 -Spouse and Me :
Filed - NSC : 02 July,07
Receipts TSC : 02 Oct,07

EAD : Oct 17,07
AP : Nov 1, 2007.. (Atty recd. copies on 11-27-07)
EAD renewal1 : renewed till Oct 2010
AP renewal 1: renewed till 10/2009
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  #6  
Old 09-10-2008, 11:09 AM
nkavjs nkavjs is offline
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Default

Quote:
Originally Posted by nkavjs View Post
I think in my Labor and intial documentation it was stated that mine is part-time position working till 30-40 hours and many fields /industries have full time status starting 30 hours per week. Currently I am working 30 hours per week with my existing employer, which was due to family reasons.
One quick question, should I have to ask my employer if working part-time around 20 hours is ok with them or legally I should not worry about it and just drop down to part-time status. I just dont want any hassles at the time of GC.
Thxs
I just checked on the papers on my labor. Its filed as Part-time from hours 30-44 hours as base hours. However eventhough I havenot changed my employer or even used my EAD.. does my employer has any right of changing my H1 to EAD in their system without my signature or approval. I think my employer's atty did change my status in their system as AOS EAD. This is ridiculous. I am asking them answers.. But I want to make sure that they cannot do that without my approval. Pls advise
Thanks
RPH
__________________
PD: June, 2003, INDIANA
EB3 - RIR, INDIA (Primary)
LC Certified : JULY 2006
I-140 : TSC Approved Dec 20, 2006
I-485 -Spouse and Me :
Filed - NSC : 02 July,07
Receipts TSC : 02 Oct,07

EAD : Oct 17,07
AP : Nov 1, 2007.. (Atty recd. copies on 11-27-07)
EAD renewal1 : renewed till Oct 2010
AP renewal 1: renewed till 10/2009
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  #7  
Old 09-10-2008, 11:37 AM
KKtexas KKtexas is offline
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Default H1B to AOS

As per my knowledge your status changes from H1B to AOS after you fill in I 9 form along with copy of EAD.

Question is did you share copy of your EAD card with your employer and signed new I 9 form?.

Last edited by KKtexas; 09-10-2008 at 12:24 PM.
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