Green card 485 quetion

[krajamk]

Hi Gurus,

My perm and i-140 was approved under EB2 catagory from employer A. Later I joined employer B. employer B just started my Perm. as soon as I joined my previous employer cancelled my H1-B petition only.while this is all going on. EB2 has become current (my priority date is Jan 3rd 2010). can I ask my previous employer to process my 485? What options I have rather going through the whole Greencard process again by current employer B. please advise

Thanks

[txh1b]

Hi Gurus,

My perm and i-140 was approved under EB2 catagory from employer A. Later I joined employer B. employer B just started my Perm. as soon as I joined my previous employer cancelled my H1-B petition only.while this is all going on. EB2 has become current (my priority date is Jan 3rd 2010). can I ask my previous employer to process my 485? What options I have rather going through the whole Greencard process again by current employer B. please advise

Thanks

Your previous employer can still support the greencard. 485 is your application. All you need from the previous employer that they will employ you for the position once you get the GC. You can choose to go back and work for them now for 180 days and use AC21 or join them after you get the GC in your hand to be safe.

[krajamk]

Green card 485 quetion

Thanks txh1b for the quick reply.

can I work with empoyer B until I get my greencard and join the employer A back for 180 days after I get the greencard.?

what if I continue to work for employer B who is my current employer?

as I mentioned before my previous employer has cancelled my H1B. I do hold H1B but from my current employer. can my previous employer still process my 485 with out their H1B.

Thanks

[txh1b]

GC is always for future employment and there is no requirement that you work for the employer during the processing. However, the reason why people work for the sponsor is to easily show that the employer is able to pay the salary as in the labor. It is also easier to show that your job aligns with the labor if a query pops up during the processing. As long as your employer can provide you documentation for ability to pay and employment, you need not work for them. After the GC, it is necessary to work for them or your GC application could possibly be considered fraudulent. In order to avoid that, you can join the sponsoring employer as soon as you get your EAD, work with them for atleast 180 + days after which you can use AC21 and switch employers provided the new job is same/similar to the labor obtained for the GC.

Good luck!

[krajamk]

Green card 485 quetion

Thanks txh1

1) do I need to work with previous employer immediately after I get EAD?
2) will US imgration dept track if I am working for the GC sponsor employer after I get my EAD?
3) just in case if I continue to work with current employer what happens if my current employer continue to renew my EAD card after I get it ?

Thanks

[txh1b]

EAD renewal has got nothing to do with employer. No one tracks anything but can result in a quesry anytime during the process or during citizenship which you will have to substantiate with proof.

[krajamk]

Greencard 485 question

after I work for 18-+ days for the GC sponsored employer, if I accept a higher job then the one menioned in labour, should I accept it or should only accept similar or same job which is mentioned in my labout which could be couple years before

[txh1b]

after I work for 18-+ days for the GC sponsored employer, if I accept a higher job then the one menioned in labour, should I accept it or should only accept similar or same job which is mentioned in my labout which could be couple years before

The job function/role has to be same/similar. Pay can be higher but not significantly higher which could raise concerns that the job might be a different level job.

Say Labor was for a software engineer @ 80k and new job is a Sr Software engineer at 100k with same roles and responsibilities, it can fly.

If it is a team lead position @ 100 or 120k, it is a different role and will not fly. Same is an architect position. Hope it makes sense. Read about AC21. It is hard to clarify everything on the forum without you researching further.

[krajamk]

Thanks. I got some knowledge I will research myself more on this now.

Thanks