Hey guys,

I am working for a company via desi consultancy , They(desi) filled my I-140 on EB3 category, which was approved 4 years ago and i-485 is still pending . I am working using EAD. They were ok for first few years then they start showing desi attitude (cutting all benefits including health insurance, not sending paycheck on time.. not to mention I am working in same salary last 4 year(which is far less than market)).
Enough is enough, I decide to move another company on exactly same job, With my EAD it’s easy to find job for me. But that desi consultancy is saying that, they gonna report USCIS, though I fulfilled all the terms & conditions of their contract.

So I talked 2 attorneys, but they had different suggestion, one suggested me filing AC21 will be enough and another is saying that new company has to file new i-140(which is very unlikely in current economy).

I am thinking just filing AC21 and start working to new company. But I don’t wanna lose my EAD and messed up with Green card process.

Is AC21 will be enough?  what are my options?

Any suggestion is appreciated.

Thanks,

 

If it is more than 6 months since you filed your green card, I think you will be OK if you file AC21. But one thing I can suggest you is leave the Consultancy in a good term. You need their help in case you were called for in person interview with immigration. It is less likely that they will screw your green card process. But again this is my personal opinion. Consulting a good immigraion lawyer will direct you to the right path.

 Thanks guys for you input...
Ya it's been 3 years I filled i485.. No not much worried about greencard( which will take few more years PD to be current  ). but my major concern is about EAD while moving to new company.

few question of the top of my head are:
DO I have to worry about that the desi company will notify uscis?
can I easily renew EAD from new comapny?
what should I tell new company about work permit?

any suggestion is appriciated !

thanks,

According to my understanding
AC21 is for changing job after you file your i140 and 180+ days already elapsed
Must have same job category which is vauge to define so you are fine
I think you are in good position to changes your job and EAD will be your new work permit.
Even I went this route and my employer even tried to sue me but all is crap no one can prove you did wrong in court so I suggest you to take risk and live at your will.
There is a basic law employment at will and no one can take that even they want.
Anyone correct me if I am wrong here.
But there is ethics honesty respect and fairness thing that I see breached from every side I see ...