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  • 485 through employment

    Hello, I have a few questions I hope someone knowledgeable can help.

    I have a EAD Card/ Advance Parole as well as a H1B visa. The 485 was filed 2 years ago. Here are my questions:

    1. If I switch employer, is my H1 still valid? Can it be cancelled by my old employer?
    2. How do I find out which code was used for my filing to ensure that it covers the new job which is at higher level


    Thanks

  • #2
    Hello, I have a few questions I hope someone knowledgeable can help.

    I have a EAD Card/ Advance Parole as well as a H1B visa. The 485 was filed 2 years ago. Here are my questions:

    1. If I switch employer, is my H1 still valid? Can it be cancelled by my old employer?
    2. How do I find out which code was used for my filing to ensure that it covers the new job which is at higher level


    Thanks

    Comment


    • #3
      Once you applied to adjust, your NIV is no longer valid. You cannot switch employers until you get legal permanent residency. If you switch employers you will need a new approved petition and a visa if you travel.

      Comment


      • #4
        Do note that I have had my 485 submitted for more than 180 days. I maintain both status and do not need the H1B as I can work with the EAD and travel with the advance parole. Does that change your response?

        Comment


        • #5
          If you've been visiting this site for some time now, one thing that you should learn is to ignore whatever things the bovine FedE poster says in its posts. They're oftentimes misleading and almost always wrong.

          You have the right idea, you can change from one employer to another pursuant to Section 106 of AC21 Act of 2000, that states in part, thus:

          "for individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."

          No new I-140 petition needs to be filed or approved to shift employment in this scenario.

          Please rephrase your questions in your original post for being somewhat sketchy.

          Comment


          • #6
            Thanks Rough Neighbor. That's exactly the answer and support I was looking for.

            Comment


            • #7
              If you change employers, your application is null and void, as is your EAD and any advanced parole. You have to stick with one employer until your change of status is approved.

              Comment


              • #8
                That was true until the American Competitiveness in the Twenty-first Century Act was passed. The pertinent section is quoted by RN- which says that once the AOS has been pending for 180 days, the alien can change employers as long the new job is same or similar. Please note that the old employer may revoke the I-140 and USCIS may issue an RFE to check if the individual has in fact changed to a similar or same position.

                Comment


                • #9
                  please go away federal 69 <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
                  If you change employers, your application is null and void, as is your EAD and any advanced parole. You have to stick with one employer until your change of status is approved. </div></BLOCKQUOTE>
                  Regards and thanks,
                  Mary Josephine :-)

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