1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

I140 and I485 filed, EAD applied for.

Discussion in 'Employment verification issues' started by gml, Mar 30, 2011.

  1. gml

    gml Junior Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    Hi Ron.

    My employer filed both my I140 and my I485 on November 18, 2010. I am presently on a L1-A visa working for the same employer. I was fingerprinted on Dec 27, 2010 and the status of my process is "Initial Review" since Feb 28, 2011 while it stayed on "Acceptance" for two months. My employer is downsizing and I have been given notice of termination by the end of April 2011. Therefore, on March 29th, 2011 I mailed out my EAD paperwork to the USCIS. I am being processed at the Texas Service Center. My question is whether I can accept new employment within the same job category while on this situation. I will shortly receive a job offer from another employer.

    Many thanks.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Re: I140 and I485 filed, EAD applied for.

    You need to do everything possible to remain on the payroll until May 17th. That is 180 days from the date you filed for adjustment of status. On that day, if still employed by your sponsoring employer, you achieve "I-140 portability" if your I-140 has been approved. If you can't do this, then you will need to find another basis for employment authorization and a new way to immigrate.
     
  3. gml

    gml Junior Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    Re: I140 and I485 filed, EAD applied for.

    Many thanks Ron. If I were unable to extend my employment and the I-140 is not yet approved by my last day, what happens? Does the I-140 get rejected automatically or it can still go through assuming that my employer does not give any notification to the USCIS or withdraws the petition?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Re: I140 and I485 filed, EAD applied for.

    It is entirely possible that the I-140 will get approved even after you leave, particularly if the employer doesn't revoke it. In the absolute worst case (you leave before May 17th or your I-140 is not approved), then you have to start over. Otherwise, you are still in the game.
     
  5. gml

    gml Junior Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    Re: I140 and I485 filed, EAD applied for.

    I will make sure my employer does not revoke it Ron. It is clear to me now the importance of having the I-140 approved. Besides, knowing about the portability is also easing my anxiety. I truly appreciate your kind help. I will get back with more info so that other users can benefit from my experience.
     
  6. gml

    gml Junior Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    Re: I140 and I485 filed, EAD applied for.

    Hi Ron. As of today, I am still having both my I-140 and I-485 still pending and have applied already for an EAD which is also pending. I am definitely leaving my L1 employer and my I-140 will not be withdrawn. I have received another similar job offer from another employer and can easily start by the time the I-485 has been pending for more than 180 days. My questions are:

    1. Would I require the new employer to change my L1 to an H visa so I can start working for him right away since I am still waiting for my EAD? Does that affect my AOS process at all?
    2. Is there any other way I can start working with the new employer while the EAD is still pending?

    Many thanks.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Re: I140 and I485 filed, EAD applied for.

    Without employment authorization, you can't work lawfully. Any work for the new employer will be considered unauthorized employment and will count toward the maximum 180 days of status violations you are allowed since your last entry. More than that and you will become ineligible to adjust status. The new employer can't file an L for you unless you worked for them outside the U.S. for at least one full year out of the three prior to your entry into the U.S.
     

Share This Page