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.
FAQs: AC21 Job Portability After I get my green card, is it legal to work for two companies (and not the original company) simultaneously?
Topics Discussed:
My employer is in the process of filing employer-sponsored EB2 NIW (instead of self-sponsored). I understand that self-sponsored EB2 NIW is independent of an employer and remains valid in any case. But can I-140 obtained from employer-sponsored EB2 NIW be transferred to another employer?
The ability to keep your NIW when changing employers depends on whether you continue to pursue the same endeavor that was the basis for your NIW approval. If you maintain the same type of work in the same field, even with a different employer, you likely can keep your NIW. However, if you change to a completely different field or type of work, you may need to start a new green card process. For certainty, it's advisable to consider filing a new green card application or NIW when changing employers.
FAQs: GC approval before AC21 Supplement J could be filed || H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search