Community Conference Call, April 29, 2021. Presented by: Rajiv S. Khanna (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
Discussion Topics, Thursday, April 29, 2021:
Discussion Topics, Thursday, April 29, 2021:
Previously I was on H1B when my I-140 was approved. Currently I am on H4 status, not employed and my priority date became current.
Previous employer has provided Supplement J and I have filed I-485, I-765, I-131 concurrently. The Supplement J indicates (#9 in Part 6) I am not currently employed with the sponsoring employer.
Q1) Upon receiving AOS EAD, can I directly join a new employer after 180 days of pending I-485 if sponsoring employer doesn't have any open position?
Q2) Can I start searching for new job before 180 days of pending I-485, but join after 180 days? Or, I must have to start searching and interviewing for new job, only after 180 days?
Q3) At the time of filing AOS, my Supplement J indicated that I am not currently employed with the sponsoring employer. If I join the sponsoring employer upon receiving EAD, then do I have to send USCIS new Supplement J indicating that I am now employed with the sponsoring employer, knowing that it might take a decade for my Final Action Date to become current and I may not be employed with the sponsoring employer at the time of GC interview?
Q4) What if I need to change my employer after GC interview, but before receiving GC?
Q5) I heard, after 180 days of pending I-485, even if I change my job couple of times, I can take the Supplement J only from the employer with whom I will be working at the time of GC interview. But can I still send new Supplement J to USCIS from each employers everytime I change my job? Is that legally allowed? or, is there any concern? Because, it might take a decade for my Final Action Date to become current and within that timeframe I might have to change job 2-3 times.
1. In my opinion you can.
2. Absolutely.
3. I think you should file a Supplement J. It gives you added protection.
4. As of now there is nothing definite about changing jobs after the interview but before the green card approval. I would suspect if the job is same or similar keep some record of it otherwise you can do it. But have your lawyers follow up the procedures that exist when you actually do this.
5. Absolutely.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Quote: 1. Hello Rajiv, my wife and I have been working on H1B for different employers. My employer applied for my GC in 07. I have my I-140 approved, my wife and I have our EAD cards and AP. Thanks to your team! Now my wife's H1B term (6 years) ends on Jan 2010. Does this mean that if she wishes to continue her employment with the same employer after Jan 2010, she "HAS" to use her EAD ?
Ans. Yes. Under the current USCIS policy, they will not extend her H-1, based upon your I-140. They used to do that a few years ago, but not any more, as far as I know.
I-140 backlog
USCIS has recently updated the number of petitions they have pending. The backlog for I-140 was 40,000 in October and now it is down to 10, 000.
I-485
USCIS has indicated that the EB-485 team at the NSC center is pre-adjudicating cases and will be ready to approve cases as soon as the priority date becomes current.
Filing an appeal
FAQs: AC21 Job Portability After I get my green card, is it legal to work for two companies (and not the original company) simultaneously?