Employer Change While GC is Under Process

[prabhanj]

Hi Everyone,

First of all, thanks so much for all the info this website is sharing with others. I appreciate the founders and the advisers.
I am on H1B, my wife is on H4.
Here are my concerns:
I understand that one can change the employer while the GC is under process.
1. What stage would be fine to change the employer while GC is under process ?( given that I want to come back and work for the old employer)

2. While I am on a new employer, if I get the EAD with my old employer : Can I continue working on my H1B for the new employer and Can my wife work on EAD for old employer OR for some other employer?

3. What stage would be fine to come back to the old employer who does my GC? After I-140 approval? or once all GC is done?

Thanks very much in advance!
Best Regards,
Prabhanj

[txh1b]

1. GC is for future employment and it is okay even if you don't work for the employer till it is granted.
2. EAD is granted for the person and is not dependent on which employer he/she got it through.
3. Does not matter. Has to work for 6 months at least after GC gets approved to avoid future problems. It is better if you are with them during I140 as it proves that they can pay you the salary they promised on the GC LC.

[prabhanj]

Thanks for the prompt reply!
1. Based on the current situations - if I apply on EB2 ( MS) then how much time would it take to get the EAD's? Please let me know your exp guess.

2. I am still on my present employer ( Company A). Let us assume that Company A applies for my PERM and hope I get that approval then they apply for my I-140. While I-140 is under process, if I move to company B ( given good rapport with company A) on H1B, then after some time I ( my wife as well) gets the EAD's with company A then as you mentioned she can work for company A or some other company also. While she is working on EAD for some other company and while I am working for company B on H1b, if rapport gets spoiled ( hope not but we never know...) then can company A cancel EAD for my wife?

Thanks in advance!

[txh1b]

From your questions, it looks like you are not well versed with the GC process. I would ask you to go through some material on immihelp home page and learn about the process. This should clear up things for you. Come back and post based on your understanding from the reading.

You are asking too much for free :-)

This is a good starting point. https://www.immihelp.com/i-485-adjus...tus/index.html

Without knowing about the process, whatever I say will confuse you further.

[prabhanj]

Well, the first question is about your guess and the second question it may look like a big question but the reason is I explained in detail.
Anyway, thanks and looking forward to see your reply.
By the way, I have gone through the GC process link you sent.
Prabhanj

[txh1b]

1. You can get EADs only when I485 is accepted for your PD and you file it. Current PD is Apr 2004. If you file labor today, it is more than 4 years away from the PD. Will take atleast 4 years for USCIS to accept your 485 (unless they do some mistake like July 2007). I should also say that is very optimistic.

2. Getting EAD is a loooong way to go. WIth I140 approvals, no one gets EADs. You are at the mercy of the company until the I140 gets approved and 180 days pass since the filing of the I485. After that, the company cannot mess up anything with your GC.

[raja777m]

Resurrection of thread..!

Hello,
I see this post is from 2008, and things have changed a bit, can someone please update when is the safest time to switch employers, out of these steps..!


Thanks in advance.