Is this true?

C

Celina

Registered Users (C)
I changed job less than 180 days.

The attorney dare not send any query to INS, he said that may remind INS, make them notice truth.

Is that ture? Or the excuse for he doesn't want to spend time on it?

The attorney still insists that to change a job less than 180 days is not acceptable by INS. If I get GC, then it is just the luck.

:(

Any comments from you guys? thanks!
 
Originally posted by Celina
The attorney still insists that to change a job less than 180 days is not acceptable by INS.
Click to expand...

It will be not acceptable, if BCIS touch your case before 180 days, but with current speed of approval you are safe.
 
You can get into trouble if you change jobs before 180 days. The AC21 rules are pretty clear. Please talk to your lawyer.
 
Celina,

May i suggest something. First this is working on lots of assumptions. I believe you are girl ( no sane MAN would like to be called cilina).

Show some girly charm and be nice to the laywer. few smiles and few blushes will do great.

Second. If you dont tell INS anything or your laywer you all set....coz your case will take atleast 1+ yrs by that time even you will for you left job 180 before...

enjoy your evening..

btw what are you cooking tonite...pls share the recipies...


Originally posted by Celina
I changed job less than 180 days.

The attorney dare not send any query to INS, he said that may remind INS, make them notice truth.

Is that ture? Or the excuse for he doesn't want to spend time on it?

The attorney still insists that to change a job less than 180 days is not acceptable by INS. If I get GC, then it is just the luck.

:(

Any comments from you guys? thanks!
Click to expand...
 
Last edited by a moderator:
Maybe my words are not clear.

my case number is 02043, it has been pending for 22 months...

the ND is exactely 30 days before the JIT time.

I-140 is approved.

Any suggestions? thanks.
 
Celina, You could get in trouble if your original employer sends BCIS letter to revoke/withdraw (not sure which word is corret) your case. I guess since your I-140 is approved, the risk that BCIS sends RFE to your oringal company does not exist any more.
 
Q for Tasse

I am really surprised by ND022202 provided link which says "“It is not necessary for you to remain with your initial employer for 180 days or more after the I-485 is submitted. What is important is that the I-485 not be adjudicated during the first 180 days after submission. In your case, it has been over 10 months since the I-485 was submitted, so the 180-day portability rule applies.:"

Everything I read till this point says portability ONLY exists if I-485 pending over 180+ plus I-140 approved. This means NO portability before I-485 is pending for less 180 days, which contracdicts directly with the quote above.

Any thoughts?
 
Re: Q for Tasse

Mingjing, the entire permanent residency application process is for a future job offer and, accordingly, the I-485 applicant need not be working, or need ever to have worked, for the original sponsoring I-140 employer in order to benefit from AC21 portability.
 
Originally posted by Celina
I changed job less than 180 days.

The attorney dare not send any query to INS, he said that may remind INS, make them notice truth.

Is that ture? Or the excuse for he doesn't want to spend time on it?

The attorney still insists that to change a job less than 180 days is not acceptable by INS. If I get GC, then it is just the luck.

:(

Any comments from you guys? thanks!
Click to expand...

I think you need to get a new lawyer. If you get GC inspite of this lawyer, yeah, it is your luck
 
Re: Re: Is this true?

gcwaiter007,

you have direct approach to problems. I am pretty sure you dont have any.

i can see your mind working in a mystical way. some problem gets solved with you left brain and some with your right and the rest with you middle brain.



Originally posted by gcwaiting007
I think you need to get a new lawyer. If you get GC inspite of this lawyer, yeah, it is your luck
Click to expand...
 
Question for Tasse

Tasse, still need your help - I understand your comment "...the I-485 applicant need not be working, or need ever to have worked, for the original sponsoring I-140 employer...", but I thought that only means if you NEVER worked for origional employer, or IF you have worked then 180+ has passed since I-485 pending.

Otherwise, BCIS memo plainly says portability is based on two conditions, one of them being I-485 pending 180+ days. So before this condition has been met (i.e. less than 180 days), portability as defined you can switch job from original employer does not exist, right? I think the sentences you quoted means one can start to work for sponsoring employer within 180 days, but does not mean you can switch from sponsoring to a new employer, right?

US law is so amzing - you can just keep spinning with it and never know if you know everything about it. Next life, I want to be a lawyer, an IMMIGRATION lawyer!
 
Re: Question for Tasse

Originally posted by Mingjing
Otherwise, BCIS memo plainly says portability is based on two conditions, one of them being I-485 pending 180+ days. So before this condition has been met (i.e. less than 180 days), portability as defined you can switch job from original employer does not exist, right?
Click to expand...

BCIS memo says:
"The AC21 106(c) provides that the certification or Form I-140 approval of an EB immigrant petition shall remain valid when an alien changes jobs, if:

(a) a Form I485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
(b) the new job is in the same or similar occupational classification as the job for which the certification or approval was initially made."

You can read in two ways.
 
Celina

I think you are fine. I'm also in the same boat. I got laid off before 180 days. Talked to Sheela Murthy and she said that problem will come only if I-485 will get approved before 180 days(u have passed that). You should have a job when you get approval.

BTW I'm wac02042xxx
ND 11/17/01
 
Its okay if you don't inform INS about job change. What really matters is your valid job at the time of approval.
 
but I want to push the attorney to send fax query to INS. He didn't want to.

I have a job now.

Should I send query to INS to push them? From SM's opinion, sending query may make the process faster...
 
Celina,

I request you not to push anyone. Pushing is bad in this world. Everyone feels pushed around and now you are extending the chain. The only thing you need to push is your luck. Be patience and no pushing...if will pay off..... :D :D :D



Originally posted by Celina
but I want to push the attorney to send fax query to INS. He didn't want to.

I have a job now.

Should I send query to INS to push them? From SM's opinion, sending query may make the process faster...
Click to expand...
 
mygcwaiter100: I disagree and feel Celina should ask and discuss with her lawyer. Whether lawyer feels being pushed or not, this lawyer is paid to do the job. Also, with all respect, I have no clue what you were talking about in your post dated Sept. 12th on this thread. Maybe you can elaborate that a bit to help me at least...
 
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