Job change or not to change ......

A

amit123

Member
I know I may be opening this new thread with an old topic. But I am still trying to understand a few things:

Is it better to change job before 485 approval? I have heard if my 485 gets approved, I have to intend to stick to my employer(who filed my GC) for few more years. Can anybody clarify if its true or false? What if I leave the company just after 485 approval? Is there any law which states this clearly?

If my above statement is true - I suppose we should change employer just before approval with a better offer.

If we change employer, it seems we should not inform INS about it unless an RFE comes. But we should file G-28 if we change lawyer...not AC-21.

Did anybody change jobs with AC-21? If so , do you think its better to keep your old lawyer and ask the new company to pay for that? How much it costs
if I want my old lawyer to handle my case so that I dont have to file my G-28 etc. and never need to inform INS about my change of job.

My understanding is while changing a job: change before 485 gets approved, dont change lawyer and dont inform INS. Is that the safest option?

I know many people are in this situation and it may be helpful if we talk about it in details. Any opinions are welcome.
 
Changing before approval is always better than changing after approval. There was a discussion on this earlier today or yesterday.

But as far as leaving your job after GC, 3 - 6 months should suffice, 2 years is way over the intent boundary.

As far as G28 is concerned, no worries on that, it doesn't signify change in companies and instant RFE, people change lawyers all the time. But you are right as far as not sending in the AC21 letter until you get a RFE specifically for it. No sense is throwing rocks at the sleeping elephant.

I would say change before GC if you can. And not worry about G28, but I probably wouldn't change lawyers just because it is too much of a hassle to have all the documents transferred etc. As far as cost is concerned. There should be much because your major chunk of money has already been paid to start the process. Now you are just paying a contigency to respond to RFE's and answer your questions on as to why your case hasn't been opened.
 
I140 - that totally makes sense to me.

Change job before GC approval->dont inform INS->dont change lawyer

-is there any INS doc which states "intent to stay after approval" more clearly? I mean 3-6 months or more or less. Where can I find this time limit?

- Approx. how much I need to pay to a big lawyer firm for continuing my case?(if I dont want to change the lawyer). I can not even ask them :p

Another question: does the new company have to do any paperwork if I want to join with EAD? I mean can I just show my ead and start working for them?

Just trying to have my funda clear. These are all my grey areas :cool:
 
Job Change

I Am Planning To Change Employer, And I Suppose To Start With The New Company Jun,1,2004 ( Withen 3 Weeks), What Is Your Thoughts The New Company Has More Stable Job And Better Benefets And Big Name But They Will Not Support H1, I Have To Use My Ead Card.

I Am Trying To Make My Decesion But Stll Not Sure What To Do?
Your Help Is So Appreceated.if You Are In The Same Setuation What Will You Do?

-----------------------------
Wac02105
I-40 Approved Dec,2001
Rd Feb 4 2002
Nd Feb 6 2002
1st Fp Done One March,2002
No 2nd Fp
No Rfe
__________________
 
royamit,

Unfortunately INS does NOT have anything out there that clarifies these issues. Usually the interpretation is totally left to the adjudicating officer with some guidelines thrown in for effect. So our best guess usually comes from past experience of lawyers who post on their websites. If you visit murthy.com, you will probably find something on this, but the bottom line is that no one can give you a rock solid answer.

My way of looking at the situation is that citizenship/renewal of GC is very far away. 5-10 years, so why worry now? As such someone has to be really anally retentive to reject your citizenship/renewal notice on the basis of a change in job 5-10 years ago.

As far as retaining company lawyer after changing jobs is concerned, I don't think it should be very expensive. My company was charged about 3500 $ to kick start my application process, including applying for EAD/AP/485. If you change companies, then you can deal with EAD/AP renenwal on your own, and use the lawyer only for 485 RFE's etc. So that shouldn't be too expensive in my opinion.

As far as new company is concerned, again I have no personal experience, but I would imagine that the only support you need from them is an EVL (which they give in any case for mortgage payments etc.) and a possible request for company finance documents which are usually public for established companies. Other than that you work on your EAD, which you have to renew every 8-10 months without fail. And fill out an I9 form, which is a no brainer.

Good luck with your decision.
 
Is the choice really that difficult?

This is USA my man. I tend to stick to rules in this country. Yes. I did change
job once using AC21 but had a good reason for it. So you better do the same.

And I did inform the USCIS about my job change as per AC 21. If I get
punished for doing the right thing. So be it. I am not sure whether not
informing causes more delays. I have waited more than two years and
I could wait another 6 months. But I am happy to be doing the right thing.

I have no plans for ditching my Employer once I get GC. It might not be
the right thing for everyone. Some might be opressed in their current job
and dying to do the change. But I would do the right thing which is wait
for six months to one year. During these bad economic times you can also
negotiate with your Employer to include you on the next list. Nobody can
force you to work especially if you don't want to. So when I go for my
US citizenship it would be comforting for me to know that I did the right
thing with AC 21 and that I have stuck with my employer after getting
my GC. So unfortunate that they had to let me go. I will have a nice letter
from them citing troubled times. :)

Five years are not far off and you WILL be in the line for US Citizen. It
will be stupid to be short sighted. You got to plan everything. You can't
predict what will happen in five years but that should not stop you from
doing the right thing. This take it easy and put off the worse for later
attitude won't work. If you want to do something....do it now.

Don't bank your hopes too much on your existing lawyer. They may cite
"Conflict of interest" if you leave the company in serving you and your
old company. So be prepared to switch to a new one. But if you can retain
the old one its better.

My advice?
Stay where u r.
If you want to change do it the right way.
 
Royamit,

As far as an AC-21 letter goes, I am planning a job change and my lawyer recomends sending a letter to the CIS without them asking. I replyed to an RFE in April, and the lawyer says it is possible that I could get an approval without an further RFE's, however, it looks best to have the AC21 letter on file.

On the otherhand, not throwing rocks at the sleeping elephant sounds like common sense.

As far as job changing after an approval is concerned, the advice from I140_takes_4ever seems to be about as good as I have heard. He (or she, I don't know), recomends staying at your job at least 3 months, which is what my lawyer also told me.

I was concerned about that, because I received an REF in March, I might get an approval before I could gather my job options and finish negotiating a new job offer. And the potential job is far to good to refuse. However, it looks like they touched my case on May 4, but without anything else happening, which I take to mean that they sent it back to the Laguna Nigel catacombs. So I'm not expecting an approval anytime in the next century, and figure I should easily be able to get a new job with AC-21. And if by some miracle I get an approval before I start my new job, I'll figure out some way to get laid off.

Best of luck to you.

-----------------------
WAC 03128xxxxx
ND 03/18/03
1FP 05/30/03
RFE 03/11/04
REF replied 04/21/04
last updated 05/04/04
Approval Smarch 32nd, 2099 :mad:
 
"I'll figure out some way to get laid off" - I like that. That would be tough though :p

As Gurus are advising - I suppose job change is a good option before approval. Then life will be easier while applying for citizenship. Otherwise there is a chance that you may be asked questions for leaving your employer just after approval.
 
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