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Employer may not pay - Can use EAD to switch company

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  • Employer may not pay - Can use EAD to switch company

    Hi,

    Status: H1B (After 6yr extension, done on 2009-June, based on approved I140. Its valid till 2012-June)
    I140 approved on: 2007 May
    Filed I485 on: 2007 August
    PD: Nov-2006 (EB2, India)
    Married after I485 filing so wife is on H4 with me now (This is why I extended my H1B, and not used EAD)

    Now my problem
    I am in a difficult situation. I work for an IT consulting company. My contract with my current client is ending next week. No contracts are lined up for me (nobody wants to do corp-corp it seems, everyone asking for EAD/GC/Citizen, on top of that employer do not agree on any rates!, fist vendor, second vendor, third #&@*#, you know the story), the employer also dosen't have much enthusiasm to find a new contract! They are saying they are going to put me on vacation and not going to pay me. I don't want an unpaid vacation now! My current client offerred me a full time position, they cannot extend my contract any further due to some company policy.


    I may need to leave the employer not in good terms, so my questions:
    1. Can I use my EAD to switch to a different company?

    The answer to 1 could probably be YES so, if I used EAD and switched company:
    2. Does the current employer can cancel/withdraw my I140? (its approved on 2007 May)
    3. Does the current employer can cause any harm to my I485/GC?
    4. What does the new employer need to do to keep my I485 alive and in valid status?
    5. My wife will be going to India before I use EAD, now when my GC is approved can I get her GC and bring her to US without much delay by using some provision that I married before GC is approved?


    Thank you for your time.
    I am really worried, need help!

    --Venad
    Last edited by venad; 11-20-2010, 11:12 PM. Reason: Clarify

  • #3
    1. You can but should not as your wife will become illegal if you do so unless she decides to leave he country till you get he GC approved or find another H1b sponsor.

    I am just answering these even if the #1 is a NO

    2. Employer can but may not as it involves spending money on a lawyer.
    3. By withdrawing the 140, you will get a NOID unless you inform USCIS of the AC21 use by switching to a same/similar job elsewhere.
    4. Nothing other than give you a letter of employment meeting the needs for AC21. You need to file AC21 request or get a lawyer to do that on your behalf.
    5. Becomes complicated and the wait will be long. Google and read about "Follow to Join"
    http://immihelp.comhttps://www.immih...sed-greencard/

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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