Messy situation after GC approval

[arwen32]

Hi,

Can anybody help me to clarify whether or not I'm still with the same employer?

1. My original sponsoring employer got bought out by a bigger company with all the employees.
2. The deal has happened in Nov 2004. My 140 was approved and I-485 was pending for 320 days at that time. I'm getting salary from that employer since mid December.

3. We are now in the merge process. It must be completed by March 31.
We are supposed to get new job offers from the new employer and sign them. The position and the salary is not guaranteed to be the same (and the job is not guaranteed, too).

4. My i-485 has been approved on January 19th.

5. Because of the uncertanty around the merge, I started looking for a new job.

Now the quiestion :

Am I obliged to accept a new job offer from the company that bought my original employer? Logically, the fact that the company has been sold means that my original employer no longer exists and I cannot join them on my I-485 offer terms. Did I implicitly invoke AC21 by unvoluntary joining my current employer?
Can I take another job offer now or should I wait to be laid off? I suspect this is probably better from the INS viewpoint, but I need to support my family and cannot wait like a lamb... Please help!

[GeneM]

Originally Posted by arwen32

Hi,
Am I obliged to accept a new job offer from the company that bought my original employer? Logically, the fact that the company has been sold means that my original employer no longer exists and I cannot join them on my I-485 offer terms. Did I implicitly invoke AC21 by unvoluntary joining my current employer?

Mergers,acquisitions, corporate restructuring, name changes etc. happen all the time in business. If you work in the same place, doing the same or similar job, what is the difference for the USCIS? Why would you want to jump ship before you get a job offer? You new company accepts all the assets and liabilities of your old company, and your competent attorney will help you argue that if needed.

[arwen32]

1) The job in not guaranteed, but I have a very attractive job offer ftom another company ( and the offer is time sensitive)
2) Current employer forces me to take another (unrelated) position. If I do that, will it affect my citizenship process?

[abouttime]

Taking up the unrelated job shouldn't affect you in anyway, I would think, as it is not your fault that your company got bought over. Right?

Also, if there is a chance of a layoff, is it not okay to move to a different job and give that as an explanation during the time of citizenship (or) does USCIS expect people to wait till layoff and then, look around desperately for a job. What about supporting your family, insurance, etc.?

[GeneM]

Originally Posted by abouttime

Taking up the unrelated job shouldn't affect you in anyway, I would think, as it is not your fault that your company got bought over. Right?

Also, if there is a chance of a layoff, is it not okay to move to a different job and give that as an explanation during the time of citizenship (or) does USCIS expect people to wait till layoff and then, look around desperately for a job. What about supporting your family, insurance, etc.?

How unrelated is unrelated? Were you a nuclear physicist now becoming a dog groomer or this is within your industry? I am not sure if a "chance" of a layoff is a good enough reason for the USCIS. Before jumping ship too early think what would happen if at some point you have to produce a termination letter from your employer.

Speaking about the "desperate" search, I do not think that USCIS cares about it one bit. If you are terminated you can get unemployment benefits and look for work like every other American.