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?
First of all I just want to thank you to Rajiv, Vijay and everyone else in the office that has been with me throughout the journey. They have been very professional, efficient and reliable. Rajiv has been so quick in replying emails to me every time I have any questions and I really appreciate it. Sometimes unexpected situations came up and the way Rajiv addressed and handled such issues made me feel extremely grateful that he was there. His calm spirit and the way he talks just make me feel like there are no existing problems, just situations, which can always be fixed. I remember when I asked my sister why she chose this law firm (she introduced Rajiv’s law firm to me), she said that when she first met with Rajiv, he just gave her this vibe that everything will be alright and that he seemed really kind (and he is), compared to other lawyers that she has met before.
I also would like to thank you Vijay from the bottom of my heart because Vijay has been extremely patient and nice to me. I have been working with Vijay since the beginning of my application and he has always been there for me whenever I need. Even though I bugged him a million times via phones/emails, he is still very patient and kind to me and helps guiding me with all the GC paperwork. So thank you Vijay for your complete support during this journey.
My timeline for the EB3 Green Card is as followed:
Jan 24 - Filing I-140 & I-485 concurrently (I-140 is premium processing)
Jan 26 – Application received
Feb 7 – I-140 approval notice
Feb 19 - Fingerprint notice
Feb 28 – Fingerprint Appointment
Mar 28 – EAD/AP card approved
April 20 – Interview notice
May 21 – Interview day
May 24 – Case was approved
Again, thank you so much to Rajiv, Vijay and everyone who has been handling my case from the start to finish. You guys are the best and I would highly recommend Rajiv and his team without any hesitation in regards to any immigration cases.