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I-485 Portability (AC21) Change employers after 180 days. What if you are laid off before 180 days.

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Old 10th November 2008, 06:15 PM
alinaab alinaab is offline
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Laid off - Gurus please help

Guys I really need your help.

I am on EAD (AOS for EB3 at NSC, Jan 2006 Priority date, NC cleared as of Nov 2007). I was laid off from the company that sponsored me. My I-140 is approved, and in Jan 2008 it's been 180 days since I applied for the AOS. I am on my second EAD which expires in 2010. I am currently looking for a job. I read a lot of the threads and just need your confirmation, plus I have some questions... Your help in the past has been tremendous, please assist once again.

1. I need to look for a job similar to the one I have on the GC application, correct? Does the title have to be the same? The title was very general "Management Analyst" and I doubt I will get the same. Will other titles be ok as long as the job is close in description?

2. Once I find a job and get my first pay check, I should inform INS of the change. Will this delay my processing? The priority dates are currently 6 months away from my date. I am also concerned because my pay checks had a different Fed ID as compared to the company that sponsored me, even if the name of the company was the same. We only realized this before the I-140 approval, so we left it alone. Could it pose issues now?

3. Does the EVL have to describe the exact job duties like in the LC?

4. I applied for unemployment with the state EDD and received a letter informing me that EDD is checking with Immigration on my work and immigration status. Once again, the Fed tax ID difference worries me, do you see an issue with this? I frankly do not know what I was thinking and why I applied, it was a rushed decision, but I cannot undo it now...

Hope this all makes sense, looking forward to your answers!
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  #2  
Old 11th November 2008, 12:50 AM
ginnu ginnu is offline
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Quote:
Originally Posted by alinaab View Post
Guys I really need your help.

I am on EAD (AOS for EB3 at NSC, Jan 2006 Priority date, NC cleared as of Nov 2007). I was laid off from the company that sponsored me. My I-140 is approved, and in Jan 2008 it's been 180 days since I applied for the AOS. I am on my second EAD which expires in 2010. I am currently looking for a job. I read a lot of the threads and just need your confirmation, plus I have some questions... Your help in the past has been tremendous, please assist once again.

1. I need to look for a job similar to the one I have on the GC application, correct?

------------- Correct
Does the title have to be the same? The title was very general "Management Analyst" and I doubt I will get the same. Will other titles be ok as long as the job is close in description?
-------------------------USCIS dont care much for job title they look for same/similar job duties
2. Once I find a job and get my first pay check, I should inform INS of the change.
------------------------file the AC 21
Will this delay my processing?
----no
The priority dates are currently 6 months away from my date. I am also concerned because my pay checks had a different Fed ID as compared to the company that sponsored me, even if the name of the company was the same. We only realized this before the I-140 approval, so we left it alone. Could it pose issues now?
----for this Fed ID in pay check others will post or ask your lawyer
3. Does the EVL have to describe the exact job duties like in the LC?
----------------------- it is better if duties are same but if match 70-80% then no problem.
4. I applied for unemployment with the state EDD and received a letter informing me that EDD is checking with Immigration on my work and immigration status. Once again, the Fed tax ID difference worries me, do you see an issue with this? I frankly do not know what I was thinking and why I applied, it was a rushed decision, but I cannot undo it now...

Hope this all makes sense, looking forward to your answers!
-------------------------------
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Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.
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  #3  
Old 11th November 2008, 12:50 PM
alinaab alinaab is offline
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Join Date: Apr 2007
Posts: 39
Ginnu,
Thanks so much.

Best of luck!
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Current Status: AOS on EAD (expires 2010)
Green card application EB3, Jan 4, 2006 Priority date
I-140: Jun 21, 2006 RD and Jul 17, 2006 AD
I-485(LIN/NSC): Jul 30, 2007 RD and Sep 5, 2007 ND, pending for IO processing
FP: Completed Code 3 Sep 17, 2007 ND and Oct 2, 2007
EAD: 2nd EAD Expires 2010. 1st EAD Oct 6, 2007 AD and Nov 19, 2007 cards received
Name Check: Nov 26, 2007 IO informed name check was cleared
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