AOS filed and new h1b transfer approved

Intuit
zunei

Go to company page Intuit

zunei
Oct 9, 2020 11 Comments

I got h1b approval from company B on Sep 25. The day October visa Bulletin came out.

Given the uncertainty around h1b legislation latest executive order, I feel that AOS is better choice for my career and family.

I intend to stay at current company A and file AOS and not join the new company B.

Would the h1b transfer approval right before I485 filing be a problem in i485 approval?

What if the new h1b is revoked by the company B since I will not be joining it. Any issues in the future during AOS approval and interview?

What if the new h1b is not revoked by the company B and I think about job change after 6 months and end up with company B under AC21. Would that be a problem during AOS interview and approval ?

Do I need to submit the h1b approval of jobs that I did not join for i485 form whether or not get were revoked by the sponsoring employer.

Anyone who has gone through similar changes please share your experience and red flags I should be worried about.

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TOP 11 Comments
  • Microsoft / Eng
    mVOt01

    Go to company page Microsoft Eng

    mVOt01
    In my case, I’ve abandoned the 485 (before filing) and switched to new employer. Bad choice with respect to GC unfortunately:-(
    Oct 9, 2020 4
  • Microsoft / Eng
    mVOt01

    Go to company page Microsoft Eng

    mVOt01
    The 485 will be denied if you switch jobs with 180 days of filing the application (either because of RFE or later on if USCIS finds out that you e switched before 180 days). Company B can file for 485 after 180 days and you’re no longer tied to any employer.
    You can check with company B if they’ll be okay to wait for 180 days
    Check with a lawyer if you can, a 20 minute phone consultation should be sufficient to get all your legal answers.
    Oct 9, 2020 5