Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485
I am currently on H1-B visa (valid until Dec 2021) and my Priority date is May 15, 2010, in EB2. I am working for employer A and I have recently applied for I-485/AOS in Oct 2020. Both EAD/AP are not approved yet and haven't received biometrics notice yet from USCIS. Kindly see below questions and advise.<br>
1) If I change to employer B after 180 days of filing I-485, how would USCIS know that I changed my employer if I do not file new I-485 J that's given by employer B?
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2 After getting EAD, can I stay without working for a few months? Is there a regulation that says that employment based I-485 applicant needs to work continuously after obtaining EAD?
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3) I am working for a consultancy company and recently changed my client who is not within 50-mile radius of the existing MSA. My current employer A is not planning to file H1-B amendment. In this case, if there is a site visit by USCIS officer and if they revoke H1-B, then am I still considered to be in legal status because I already applied for I-485 in Oct 2020? Am I safe to stay legally in USA in this scenario even though I did not receive EAD based on AOS?
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4) If H1B amendment/extension of an employee gets denied after filing AOS/I-485, is the employee still considered as in-status because of pending I-485?
I'd like to thank Law Offices of Rajiv S. Khanna, for all the assistance with my case. The whole GC process through your offices was a real pleasant experience. As I am mentioning below, it took USCIS 6 years to adjudicate this case, when it was transferred from my former company, but it was possible only because of prompt intervention from your side and finding the correct resolution for this problem. I couldn't say that it happened by itself - it was truly a collaborative effort between Mr. Khanna and all other people of Law Offices of R.S.Khanna, my current company, my former employer, and last but not least, support from my family. Unfortunately, it showed how inefficient the government could be in certain aspects, and only diligence and persistence turned this into a success.
There was a complex RFE for I-485 AOS based on employment 2 years ago, which involved a H1-b denial of extension for former employer, handling status during that period, new H1-b, and travel to home country for visa stamping.
I’d like to thank Mathew Chacko for handling my case and all aspects of it.
I'd like to mention the diligence of Bharathi for answering to my emails almost instantenousely.
I'd like to thank Mr. Iqbal for stepping in and making sure about timely communication with USCIS NSC.
I'd like to thank Leslie and Prernaji for helping with other matters.
If you need your complex case done right, don’t hesitate to contact Mr. Khanna and his wonderful team.