QUESTION
Can i join an employer with whom i have I140 approved in the past on the basis of an I 485 filing, or an H1B transfer is necessary?
Asked on Nov 02nd, 2020 on Immigration - North Carolina
More details to this question:
I have an approved I140 with an organization, in EB3 Category, with whom i was employed in 2014. Chargeability Area : India. As per current visa bulletin my priority date is good for filing Adjustment of Status. The question is can i join my previous employer on the basis of pending I 485 immediately ? Or they will need to do an H1 transfer unless the EAD against the pending I 485 (which may take 150-180 days as per various immigration blogs) is available? Currently i'm working with another organization on H1.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
In your situation, to work legally in the US with your petitioner, you either need H-1B status or employment authorization through an EAD. As you note, an EAD may take 150-180 days. Therefore, if your previous employer wishes you to work immediately, it would have to file for an H-1B transfer. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Nov 28th, 2020 at 9:57 AM