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Posted on 11 Apr 2010
Q.

Move to a W2 Contract position on EAD

Hi,

Company A has applied for my GC. My priority date is Aug 2006. My I-140 is approved. I-485 is pending in EB2 since July 2007, with the priority date of August 2006. I am presently on my H1 even though I hold a valid EAD. I am well past my first 6 years of H1. I would now like to move to Company B.

1) What are the risks involved if I move to a W2 Contract position with company B on my EAD?

2) Will I have to send the portability letter to INS? Will I get a portability letter from company B with a W2 contract position? Can I have different job titles (IT Engagement Manager versus IT Project/Program Manager) with similar job responsibilities?

3) Eventually what happens if my GC is rejected? Can I contest it or fall back on my present H1b?

Thanks!

User's Location: Eagan, Minnesota, United States of America
Category: Employment-based Green Card
Posted on 12 Apr 2010
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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