Million $ Question

[HANUMAN_PRASAD]

AC-21 tells us that we can change jobs (and say sayonara to the GC sponsoring Employer) 6 months after we file the I-485 ..

In plain English, what is INS trying to say? I think, INS is saying this : "By the time you are at I485 + 6months, you have spent enough time with the employer and you have become a free agent and we have no objection if you want to change your job."

Furthuer, the case "where the employer tried to revoke I140 - 6months after I485 is filed and lost the case" clearly indicates that you are in no way obligated to the Employer 6 months after I485 is filed.

However, the Immigration Attornies advise us not to change our jobs (from the GC sponsoring Employer) for at least 6months to a year after the GC approval.

My question to you is : Do you think it is still risky to leave a GC sponsoring employer soon after getting the GC?

Would very much appreciate if you can give me your feedback.

Best Wishes

[swsrus]

We can solicit a million opinions on this topic, but these would remain opinions and subjective interpretation of the law by each individual as they see it, based on their circumstances. The question is, is this all going to help while we all know that it is INS' interpretation of the law that counts? We can voice our opinions to make us feel happy/ unhappy/ comfortable/ uncomfortable with our situations, but that is where it stops.

This is not legal opinion/ advice.

[mplbob]

In response to ****'s comment on no such requirement for CP route: The US consulate takes a signed committment from applicants saying they will go back and work for the sponsoring employer in good faith and in the event there is a change before departing then the consulate should be informed.

[GCDreamer2000]

AC21 does apply to CP in some very limited cases. If the prospective immigrant had first filed I-485 and then switched to CP after more than 180 days, (s)he can take advantage of the AC21 flexibility to change employers. There was a DOS cable on this about a year ago that clarified this.

Originally posted by ****

Well, my comment was that AC21 doesn't apply to CPers, which means the AC21 provision of being able to switch jobs after 180 days is not applicable. There isn't even a I-485 for CP. I'm not quite sure about which "requirement" you are talking about.

As far as the signed commitment goes: I did CP and didn't have to sign anything like this. So it seems that this commitment thing is specific to some consulates.
But with or without this commitment, you are bound by the law, which states that you have to have the good faith intent to work for the sponsoring employer.

[485ead]

Coming back to the Million $ Question, AC21 is for the cases which are PENDING during the 485 process. Afterwards, there is nothing pending and the GC will be treated usual way. i.e. work for the sponsor for a year or so.

What I am not clear is, what will happen if one has never worked for the sponsor, and started working for another co. after 180 days, and at the time of apprvoal (no RFE), and continue there. Which co. will be considered the sponsor?

[nachos]

Didn't INS release a regulation in 2000 that basically said that an I-485 would be considered abandoned if an 824 was filed for CP. If that is the case then AC-21 cannot apply to these individuals

[invest2bfree]

Plus what is the point of changing jobs when we are in recession. As long as you are in no deep trouble just sit tight, wait for things to improve before you can move.

[invest2bfree]

" btw, is not in a recession, according to the Federal Reserve"

HAHAHAHAHAHA

LU had 90,000 employees 3 years back now they have 35k.
Most have them have cut thier workforce by 50%, dow/nasdaq down 60% from thier highs. We are seeing one of the biggest bankruptsies in America. President is talking war. Sun is going through one more layoff this month and sebl has already cut by 3k.

You change your job right now and heaven forbid the company you joined has layoffs, you will be the first person be cut.

[dev28]

1.Has anyone actually changed jobs after 180 days of I 485 pending and got the approval? If so, what about similar occupation definition used and what salary quoted w.r.t. to previous employment? Where can you find it out precisely?

2.If one were to change jobs after one got GC, the attorneys reccommend at least 6 months of stay? How safe is ever quiting the sponsoring employer? Anyone with experieince? Can an agressive employer hold you back to the employment?

3.What are the steps once 485 is applied? Finger printing, interview etc? What do they generally expect you to have, documents -wise at the time of interview? Any questions? where do you have to go? Local INS office?

4.Can one change from having applied for I 485 to CP? How? What are the steps? What is the impact of doing so esp. if one has apllied for EAD and AP together with I 485? And what is the impact if one has started using the EAD or not started using it but has it? (Since the H1 is still valid, no need to use the EAD although obtained.

5.Applying for CP-do you have to choose one's home county consulate or can you choose Mexico?

[AA Kumar]

I think everyone's forgetting the true purpose of the ACT passed by congress.

This law signed by President Clinton was a very hard fought "victory" by a volunteer organization called Immigration Support Network (ISN) whose members, mostly H1-B workers, donated money and time to lobby senators and congressmen in capitol hill.

The main reason was that several H1-B workers were getting displaced when their H1-B's expired after 6 years, wherein they and their families had to pack up and leave, selling everything interrupting education and so on, causing true hardship to hard-working, intelligent people who were truly a beneficial to the american society. After committing 6 years of one's life to the development of a nation, and to pack up everything and leave when you've planted roots is truly a significant hassle, to say the least.

So, this law is meant to alleviate such true hardships, providing a way for people to change companies if they are required to do so. True that some companies do "deserve" your sayonara as soon as you can as you've been truely "exploited", accroding to you. But you can wheel and deal, that's life!

[got_a_green_card]

"So what??? This happens all the time. Learn some economics.
Sure, the economy is bad, but good people alwyas get jobs.
And, BTW, there is a very specific definition of what constitues a recession: two consecutive quarters of negative GDP growth. We only had that one time in early 2002. Layoffs are irrelevant for determining if we are in a recession.
Your lack of economic knowledge doesn't instill much faith in your screen name. I certainly wouldn't want to invest with you...
Now, come back when you have something constructive to say."

All I can say is bull**it. Move up to Northern California and see how easy it is to get a job, even if you are good. I know plenty of good software engineers and a few managers either out of a job, or teetering on the edge. The way you even get in the door for an interview right now is not from what you know, but who you know. It's an entirely reasonable and intelligent remark for someone to recommend staying in your current job until this downturn ends. When you move to the next company you go right to the bottom of the totem pole. Since most companies have already laid off the riff-raff you'll end up at a company with a bunch of senior engineers already there. Guess whos gonna go the next layoff? Low man on the totem pole.

You make some really good arguments in your emails so how about dropping your childish sarcasm and sticking to the intelligent posts you seem capable of.