180 Day Portability rule - Article from Current Issue of Carl Shusterman - Comments PLS

It\'s not that clear cut Canadian

CSC apparently thinks there is a requirement to work for the sponsoring employer for 180 days after filing the I-485 and they are denying I-485\'s when this cannot be shown according to Sheela Murthy. Other service centers appear to be taking a less restrictive view but until there are implementing regulations, there\'s no definitive answer on this. I realize that the language of AC21 does not impose this requirement but that does not mean that the implementing regulations will not. There\'s also the obvious question of intent and immigration fraud if a person files an I-485 (thereby saying that they intend to remain employed with the sponsoring company "permanently") and then leaving the next day. The shorter the period is the more questionable the intent becomes.

Jim
 
You need some kind of work authorization for every employer

This includes the sponsoring company.
 
I-140 withdrawal

What happens if the sponsoring employer withdraws I-140 because one changed jobs before 180 Days of Receipt Date of I-485?

What if you leave before or after 180 days of RD and employer wants to substitute I-140 for someone else?
 
Where in I485 one says of working permanently?

Jim, Can you point out where in I-485 does the applicant states intent to work permanently for the sponsoring employer?
I am confused!
 
My guess is that the employer CAN withdraw the I-140 up to 180 days and cancel the I-485

There are no regulations though, so there are no definite answers. Sheela Murthy appears to agree with me though. In her most recent chat, she stated:

Chat User : Can my employer cancel I-140? I applied I-485, got EAD less than 180 days. I am in the lay-off.

Attorney Murthy : It is possible that the GC sponsoring employer could withdraw the underlying I-140, especially if they want to use it for another employee, within the first 180 days of filing I-485. After the 180 days, it is not clear if the employer has the legal right to withdraw the underlying I-140 petition any longer, under AC21 law.

Jim
 
can I switch to new employer if my I140 amendment is pending(RFE) but filed I-485 in sept-00

I got an RFE for my I-140 amendment as my original company was bought over by the currnet company in apr\'01. INS is asking more info about interest-of-successor. Since my current company is not doing good so was thinking if I can change the employer.
please reply and also what document are needed from the current employer
thanks in advance
 
please correct me if I am wrong in I485

One can change the job before 180 days provided
   1) The employer who filed I140 should not withdraw that before 180 days
   2) If you got the FP before 180 days try to postpone until 180 days over so that INS can not adjudicate the I485
   
Else change the job after 180 days.
 
a strange job may trigger an RFE. That\'s good sometimes.

Regarding your issue, when the I-140 is withdrawn before the 180 days, but a decision is not yet made on your I-485, you are fine. This is because you can make use of the 180-day portability benefit by just waiting to complete the 180 days before contacting INS. This means you can change jobs, wait to complete the 180 days, and then ask INS if you need to take additional steps. Usually companies do not withdraw I-140s especially at this slow time: Bad economy with no need to take your I-140 and use it for someone else.

Regarding my issue, maybe we can brain storm and reach ideas regarding the 180-day rule during this downturn in the economy. Maybe it is possible to obtain a Green Card even after being laid off and called for an interview.
I met an unemployed person who wants to open his own business. I met him while I was waiting online to enter a job fair last month. In summary, he wants to hire me in the same job category, provide a job offer, make a contract for 5 years, and defer my salary. Although his company is not incorporated yet, I told him to make it incorporated as soon as possible -I agree to pay the fees to make it incorporated. I basically have to write him programs and be his partner.

Since the 180-rule does not mention anything about the company having to be incorporated, do you think a similar job with a deferred salary plus a convincing job offer are enough to delay INS making a decision at the interview?

I am just trying to partially make use of the 180-rule by delaying having a decision made at the interview. Hopefully, this kind of strange job would trigger an RFE that, in turn, would give me 3 more months to find a similar job. Remember the RFE takes a long time to be issued. Hopefuly, with a longer deadline I now have many more months to look for a satisfactory job.

Thanks
 
a strange job may trigger an RFE. That\'s good sometimes.

Regarding your issue, when the I-140 is withdrawn before the 180 days, but a decision is not yet made on your I-485, you are fine. This is because you can make use of the 180-day portability benefit by just waiting to complete the 180 days before contacting INS. This means you can change jobs, wait to complete the 180 days, and then ask INS if you need to take additional steps. Usually companies do not withdraw I-140s especially at this slow time: Bad economy with no need to take your I-140 and use it for someone else.

Regarding my issue, maybe we can brain storm and reach ideas regarding the 180-day rule during this downturn in the economy. Maybe it is possible to obtain a Green Card even after being laid off and called for an interview.
I met an unemployed person who wants to open his own business. I met him while I was waiting online to enter a job fair last month. In summary, he wants to hire me in the same job category, provide a job offer, make a contract for 5 years, and defer my salary. Although his company is not incorporated yet, I told him to make it incorporated as soon as possible -I agree to pay the fees to make it incorporated. I basically have to write him programs and be his partner.

Since the 180-rule does not mention anything about the company having to be incorporated, do you think a similar job with a deferred salary plus a convincing job offer are enough to delay INS making a decision at the interview?

I am just trying to partially make use of the 180-rule by delaying having a decision made at the interview. Hopefully, this kind of strange job would trigger an RFE that, in turn, would give me 3 more months to find a similar job. Remember the RFE takes a long time to be issued. Hopefuly, with a longer deadline I now have many more months to look for a satisfactory job.

Thanks
 
a strange job may trigger an RFE. That\'s good sometimes.

Regarding your issue, when the I-140 is withdrawn before the 180 days, but a decision is not yet made on your I-485, you are fine. This is because you can make use of the 180-day portability benefit by just waiting to complete the 180 days before contacting INS. This means you can change jobs, wait to complete the 180 days, and then ask INS if you need to take additional steps. Usually companies do not withdraw I-140s especially at this slow time: Bad economy with no need to take your I-140 and use it for someone else.

Regarding my issue, maybe we can brain storm and reach ideas regarding the 180-day rule during this downturn in the economy. Maybe it is possible to obtain a Green Card even after being laid off and called for an interview.
I met an unemployed person who wants to open his own business. I met him while I was waiting online to enter a job fair last month. In summary, he wants to hire me in the same job category, provide a job offer, make a contract for 5 years, and defer my salary. Although his company is not incorporated yet, I told him to make it incorporated as soon as possible -I agree to pay the fees to make it incorporated. I basically have to write him programs and be his partner.

Since the 180-rule does not mention anything about the company having to be incorporated, do you think a similar job with a deferred salary plus a convincing job offer are enough to delay INS making a decision at the interview?

I am just trying to partially make use of the 180-rule by delaying having a decision made at the interview. Hopefully, this kind of strange job would trigger an RFE that, in turn, would give me 3 more months to find a similar job. Remember the RFE takes a long time to be issued. Hopefuly, with a longer deadline I now have many more months to look for a satisfactory job.

Thanks
 
RFE is a good thing sometimes

Thanks.
Maybe we can brain storm and reach ideas regarding the 180-day rule during this downturn in the economy. Maybe it is possible to obtain a Green Card even after being laid off and called for an interview.
I met an unemployed person who wants to open his own business. I met him while I was waiting online to enter a job fair last month. In summary, he wants to hire me in the same job category, provide a job offer, make a contract with him for 5 years, and defer my salary. Although his company is not incorporated yet, I told him to make it incorporated as soon as possible and I agree to pay the fees to make it incorporated. I basically have to write him programs and be his partner.

Since the 180-rule does not mention anything about the company having to be incorporated, do you think a similar job with a deferred salary plus a convincing job offer are enough to delay INS making a decision at the interview? I am just trying to partially make use of the 180-rule by delaying having a decision made at the interview. Hopefully, this kind of strange job would trigger an RFE that, in turn, would give me 3 more months to find a similar job. Remember the RFE takes time to be issued with a long enough deadline upon arrival.

Thanks
 
Does the 180 Day rule apply within company transfers

I have my I-140 approved in Los Angeles and I work in Northen california. If my I-185 gets arroved within 6 months (180 days) do i need to move to Los Anegeles or i am safe if i contine to work in Northen California.
My lawyer tells me that I need to go down to Los Angeles. Is it so?

Please let me know on this. My I-485 is pending for filing because of this issue.

Thanx in advance
 
485 pening more than 180 days

Hi Jim,

My 485 is pending with TSC for more than 180 days. (my RD is Jan 31). I want to change job...for 2 reasons...
1) My company is reducing my Salary
2) Processing time is very uncertain at TSC...

What are my options...
Any good attorney, who can / is handling GC postability cases....
 
Employer CAN withdraw the I-140 up to 180 days and cancel the I-485

From the Murthy Chat Jim mentioned.

Chat User : Can my employer cancel I-140? I applied I-485, got EAD less than 180 days. I am in the lay-off.

Is it not true that when the employer lays off the employee, the employer will have to inform INS about it and that would also mean the automatic cancellation of the petition?

Please shed some light on this?
 
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